Alok Pandey @ Alok Kumar Pandey v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16010 of 2019 Arising Out of PS. Case No.-3175 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== ALOK PANDEY @ ALOK KUMAR PANDEY, aged about 25 years, Male, S/o Gopal Krishna Pandey R/o Village- Virat Nagar Lawadih, P.S.-Namkum, District- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR AND 2.

Soni Kumari D/o Sohan Tiwary R/o Village- Bakhtaurganj, P.S.- Goraul, District- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rewti Kant Raman For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-05-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Complaint Case No. 3175 of 2017 registered for the offence punishable under section 498A of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case due to previous enmity. The present false complaint has been filed by the complainant on receiving the notice of the Matrimonial Suit No. 704 of 2017 filed by the present

Patna High Court CR. MISC. No.16010 of 2019(3) dt.22-05-2019 2/2 petitioner for restitution of conjugal rights. The complainant did not appear in the said matrimonial suit and thereafter in the said suit order was passed for restitution vide Annexure3. Moreover, the allegations levelled in the present complaint is general and omnibus in nature and there is nothing specific alleged against this petitioner.

It appears that despite service of notice, the opposite party no. 2 has not chosen to appear before this Court.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 3175 of 2017, Tr. No. 774 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T