Amit Kumar Singh @ Amit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28706 of 2024 Arising Out of PS. Case No.-146 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Amit Kumar Singh @ Amit Singh Son Of Narendra Singh Resident Of Village- Dekuli, Ps- Ekma, Dist- Saran At Chapra ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandni Kumari Daughter Of Late Jagdish Singh Resident Of VillageDekuli, Ps- Ekma, Dist- Saran At Chapra ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Despite valid service of notice, no one appears on behalf of Opposite Party No. 2.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner apprehends his arrest in connection with Complaint Case No. 146 of 2019 registered under Section498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. As per prosecution case, it is alleged that the complainant was married to the petitioner on 15.01.2016. After marriage, when she went to her matrimonial house, the accused persons started committing domestic violence for non-fulfillment of
Patna High Court CR. MISC. No.28706 of 2024(3) dt.22-07-2024 2/3 dowry demand by way of a motorcycle and ornaments and lastly after assaulting they ousted her along with her child from their house on 20.06.2017. The accused persons also tried to kill her.
5. Learned counsel appearing on behalf of the petitioner submits that petitioner was in Saudi Arabia from 17.07.2015 to 07.11.2016 in connection with his livelihood and then how it is possible that his marriage was solemnized on 15.01.2016 with the complainant. In fact, both parties are resident of the same village and the father of the complainant had taken loan of Rs. 40,000/- from the father of the petitioner for the purpose of marriage of the complainant. When father of the petitioner demanded back his money, the father of the complainant did not return the same. Then father of the petitioner sent a legal notice and then filed Complaint Case No. 726 of 2018 against the father of the complainant and others. After getting knowledge of the said complaint case, the complainant filed this false and concocted case against the petitioner only to put pressure to grab the loan amount. It is further submitted that petitioner has got clean antecedent.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below
Patna High Court CR. MISC. No.28706 of 2024(3) dt.22-07-2024 3/3 within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisonal Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 146 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T