Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30455 of 2025 Arising Out of PS. Case No.-1055 Year-2024 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Ramesh Singh S/o Ram Nath Singh @ Rajnath Singh R/o Village- Mitwar, P.S.- Andar, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Kumari @ Sneha @ Neha Devi W/o Ramesh Singh Present AddressD/o Ramasray Singh @ Ram Janam Singh, Village- Kansar, P.S.- Raghunathpur, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP For the O.P. No. 2 :

Mr. Aakash Kumar Shrivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard the learned Advocate for the petitioner, learned Advocate for the O.P. No. 2 and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1055 of 2024, registered for the offences punishable under Sections 323, 324, 406 and 498(A) of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. Learned Advocate for the petitioner submitted that the marriage was solemnized in the year 2015 and, as such, any demand of dowry and torture at this stage does not inspire confidence. However, the petitioner has always been ready to keep the O.P. NO. 2 with all honour and dignity, but it is the

Patna High Court CR. MISC. No.30455 of 2025(3) dt.13-08-2025 2/3 O.P. No. 2, who does not want to reside with the petitioner.

4. On the other hand, learned counsel for the State and the O.P. No. 2 opposed the pre-arrest bail application and submits at the bar that the petitioner has no apprehension of arrest, as the Court of learned Additional Sessions Judge-V, Siwan while disposing the bail application vide order dated 18.03.2025, has observed as follows:- "The petitioner is husband of the victim girl. The victim is ready to live with the petitioner (husband), if the petitioner improves his nature/activities. The petitioner is also ready to keep his wife (victim girl) with full honour and dignity. From perusal of case record, it transpires that there is no apprehension of his arrest as the learned trial court has tried to explore his appearance through means of summon.

Regard being had to the aforesaid facts as well as in view of the settled principle of law as propounded by the Hon'ble Apex Court in "Arnesh Kumar Vs. State of Bihar & Satendra Kumar Antil Vs. C.B.I.," it seems proper to dispose the matter, however, with observation that the petitioner should appear before the learned trial court and seek regular bail."

5. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the observation made by the Court below, this Court does not find that the petitioner has any bona fide apprehension of arrest and, as such, the present application is not found to be maintainable. The petitioner is directed to surrender and take regular bail, in terms of the order dated 18.03.2025, as noted

Patna High Court CR. MISC. No.30455 of 2025(3) dt.13-08-2025 3/3 hereinabove.

6. With the aforesaid direction, the bail application stands disposed off.

(Harish Kumar, J) shivank/- U T