Archna Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16297 of 2023 Arising Out of PS. Case No.-2722 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Archna Patel W/O Vishal Kumar Singh, D/O Lal Babu Singh Resident Of Vill-Kathotiya Kalam, Ps-Maner, Dist.-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

VISHAL KUMAR SINGH S/o Sri Ranjeet Singh Resident of Post office road, P.S.-Digha, Dist-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP For the Complainant Mr. D.K. Sinha, Sr. adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner, complainant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 323, 406, 379 of the Indian Penal Code.

3. Petitioner is the estranged wife of the complainant. The allegation against her is that she in association of other coaccused is said to have got transferred Rs. 37,50,000/- in the account of her father and also taken away gold ornaments etc. Other allegations have also been made in the complaint petition.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the complainant and the petitioner are

Patna High Court CR. MISC. No.16297 of 2023(4) dt.29-08-2023 2/3 husband and wife and their marriage was solemnized in the year 2008 and after sometime, complainant came to know that the petitioner was having an extramarital affairs it resulted into bad behavior and torture by the complainant as well as his family members. The petitioner filed divorce case bearing Matrimonial Case No. 328 of 2020 before the learned court below. Thereafter, the complainant filed the complaint case against the petitioner against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State and learned counsel for the complainant opposing the prayer for bail submit that the petitioner does not want to live with her parents nor in the house of complainant as she has illicit relation with accused Shashi Sagar.

6. Considering the facts and circumstances of the case and the fact that the present complaint case has been filed by the complainant after filing the divorce case, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

Patna High Court CR. MISC. No.16297 of 2023(4) dt.29-08-2023 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 2722(c)/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T