Nirbhay Narayan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34071 of 2024 Arising Out of PS. Case No.-265 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Nirbhay Narayan Mishra S/o- Shiv Narayan Mishra Resident of villageMajharia Kote, P.O- Anjorpur, P.S- Narhi, District- Balia, U.P ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Kumari D/o- Kamal Nayan Pandey Village- Sahaura Ps- Usafa PsGaurichak Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 265 of 2019 dated 05.03.2019 registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Learned counsel for the petitioner submits that petitioner as being husband has been falsely implicated in the instant case by the O.P. No. 2 for reasons best known. It is also

Patna High Court CR. MISC. No.34071 of 2024(4) dt.20-11-2024 2/3 submitted that false allegations have been levelled against the petitioner in the aforesaid case. It is also submitted that petitioner is willing keep the O.P. No.2 with honor and dignity.

5. Learned A.P.P. for the State and learned counsel for the O.P. No. 2 oppose the prayer for anticipatory bail of the petitioner.

6. Learned counsel for the O.P. No.2 submits that though the submissions has been made on behalf of the petitioner that petitioner is willing to keep the O.P. No. 2 with honor and dignity, but then he has filed a divorce case in the Court of the leaned Principal Judge, Family Court at Ballia, Uttar Pradesh and on notice, the O.P. No.2 has appeared. It is also submitted that till date the petitioner has not paid a single farthing towards maintenance of the O.P. No. 2 as such one can will imagine the plight of the O.P. No. 2 that how she is surviving in absence of any financial support. It is further submitted that the petitioner only with a view to submissions has wrongly instructed the learned counsel appearing on his behalf submitted that petitioner is willing to keep the O.P. No. 2 with honor and dignity. It is next submitted that petitioner has no intention to keep the O.P. No.2 with honor and dignity.

7. Considering the submissions made by the learned

Patna High Court CR. MISC. No.34071 of 2024(4) dt.20-11-2024 3/3 counsel for the O.P. No.2, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

8. The application stands rejected.

(Satyavrat Verma, J) annpurna/- U T