Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20962 of 2024 Arising Out of PS. Case No.-1898 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SANTOSH SINGH S/O LATE SUKHDEV PRASAD SINGH R/O VILLAGE- PARGHARI, P.O AND P.S- SABOUR, DISTT.- BHAGALPUR. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PRITI SINGH W/O SANTOSH SINGH R/O VILLAGE- PARGHARI, P.O AND P.S- SABOUR, DISTT.- BHAGALPUR. AT PRESENT VILLAGE AND P.O- SHEKHPURA, P.S- WARISNAGAR, DISTT.- SAMASTIPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Deepak Kumar Singh For the State :

Mr.Khurshid Anwar For the O.P.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and 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 Section 498A of the Indian Penal Code.

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 petitioner has been falsely implicated in this case merely

Patna High Court CR. MISC. No.20962 of 2024(5) dt.07-10-2024 2/2 because he happens to be husband of opposite party no. 2. He never demanded any dowry or committed torture with opposite party no. 2 or 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 C.J.M., Samastipur / concerned court in connection with Complaint Case No. 1898 of 2021, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T