Neha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19898 of 2024 Arising Out of PS. Case No.-689 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Neha Kumari W/o Anuranjan Kumar, D/o Janardhan Prasad R/o Flat No. 202, 2nd Floor, Krishna Enclave, Road No. 3, Maurya Vihar Colony, Near BMP16, Phulwarishariff, Khagaul, Patna-801105 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuranjan Kumar S/o Rooplal Singh Presently residing at INCC (Deptt.), Rajendra Nagar Terminal, P.S.- Kadamkuan, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Singh, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 494, 497, 498(A), 384, 386, 379, 341, 342, 504, 506 of the I.P.C

3. Learned counsel for the petitioner submits that petitioner is the second wife of the informant. It is further submitted that the informant concealing his earlier marriage had performed his second marriage with the petitioner and when the petitioner came to know about the said fact, she instituted a Matrimonial Case No. 1472 of 2021 seeking to declare the marriage as null and void which is pending adjudication in the

Patna High Court CR. MISC. No.19898 of 2024(2) dt.23-04-2024 2/3 court of learned Principal Judge, Family Court, Patna. It is further submitted that the petitioner also instituted D.V. Case No. 104 of 2021 in the Court of learned C.J.M., Patna against the informant which is also pending at adjudication.

It is next submitted that the informant in order to coerce the petitioner into submission instituted the instant false case alleging that informant and Bipin Kumar Bimal were friends from before and when the informant came to Patna, it was Bipin Kumar Bimal, who had got him a house on rent, after some times the informant started suspecting that petitioner was having an illicit relationship with Bipin Kumar Bimal and the suspicion became grave when the informant met with an accident while going to the office on his motorcycle causing fracture of his leg on account of which, a steel rod was inserted, further the informant has purchased the house in the name of the petitioner but since Bipin Kumar Vimal was in illicit relationship with the petitioner as such he intended to get the said house transferred in his name and accordingly he got an amount of Rs.

3 Lakhs transferred from the account of the petitioner in the account of his brother. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR it would manifest that the same is vague, cryptic and does not inspire confidence.

Patna High Court CR. MISC. No.19898 of 2024(2) dt.23-04-2024 3/3 submitted that apart from suspicion, there is nothing on record to suggest even remotely that petitioner was in illicit relationship with Bipin Kumar Bimal. It is next submitted that since the petitioner has instituted the aforesaid cases as such in order to coerce her into submission, the instant FIR came to be instituted.

4. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kadamkuan P.S. Case No. 689 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) annpurna/- U T