Narendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28669 of 2024 Arising Out of PS. Case No.-95 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== Narendra Singh Son of Shashi Mohan Singh Resident of Village- Helahan, P.S.- Dinara, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi D/o of Satynarayan Singh Resident of Village- Chilbili, P.O.- Khurmabad, P.S. Kargahar, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nityanand, APP Mr. Sanjay Kumar Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2024 Earlier, the matter was referred to Mediation Centre vide order dated 04.07.2024, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag 'M').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party No. 2.

3. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 95 of 2021 for the offences punishable under Sections 341, 323, 379, 498A and 504/34 of the Indian Penal Code.

4. As per prosecution case, marriage of informant/opposite party no. 2 was solemnized with this petitioner in the year 2010.

Patna High Court CR. MISC. No.28669 of 2024(6) dt.03-09-2024 2/3 After one year of marriage, this petitioner along with other accused persons started demanding dowry, and when informant showed inability to fulfill the same, then all the accused persons including this petitioner assaulted informant and tortured her physically and mentally. It is alleged that on 4th April 2021, this petitioner left informant along with children at Sasaram and fled away.

5. Learned counsel for the petitioner submits that petitioner is husband of opposite party No. 2 and has never assaulted and tortured her. Petitioner is ready to keep his wife with full honour and dignity. It is further submitted that pursuant to the order dated 30.11.2023 passed by learned Principal Judge, Family Court, Rohtas at Sasaram in Maintenance Case No. 24 of 2022, the petitioner is paying Rs. 5,000/- (five thousand) per month as maintenance to opposite party no. 2, and petitioner undertakes to pay the same regularly.

6. Learned counsel appearing on behalf of the Opposite Party No. 2 opposed the prayer for bail.

7. Considering the fact that petitioner is paying Rs. 5,000/- (Rupees Five Thousand) per month to the opposite party no. 2 and undertakes to pay the same regularly, the prayer for anticipatory bail of petitioner is allowed.

Patna High Court CR. MISC. No.28669 of 2024(6) dt.03-09-2024 3/3

8. Accordingly, in the event of arrest or surrender before the learned court below within a period of eight 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 Judicial Magistrate-I, Bikramganj, Rohtas in connection with Mahila P.S. Case No. 95 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) utkarsh/- U T