Shibu Lal Singh @ Shibu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4993 of 2025 Arising Out of PS. Case No.-148 Year-2023 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Shibu Lal Singh @ Shibu Kumar Son of Devji Lal Singh Resident of VillageBhathu Rani Nayabasti, P.S.- Jiyapokhar, Distt.- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shital Devi Wife of Shibu Lal Singh, D/O- Tika Lal Singh Resident of Village- Bher Rani, Bhathu Rani Nayabasti, P.S.- Jiyapokhar, Distt.- Kishanganj, At present D/)- Tika Lal Singh, Resident of Village- Gilabari, P.S.- Jiyapokhar, Distt.- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ram Prawesh Kumar, Adv.

For the State :

Mr. Umeshanand Pandit, APP For the O.P.-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 147, 323, 498-A, 494, 307 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.

3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.

4. While denying the allegations made in the complaint petition, learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.4993 of 2025(3) dt.03-04-2025 2/2 petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. At no point of time, petitioner demanded any dowry or committed torture with opposite party no. 2 and is still ready to keep the opposite party no. 2 with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of eight weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Kishanganj in connection with Complaint Case No. 148 of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T