Dhananjay Singh @ Dhananjay Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79469 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Dhananjay Singh @ Dhananjay Kumar Singh, son of Late Chandeshwar Singh alias Chundeshwar singh, resident of village- Piyaniya, P.S.- Udwant Nagar, District- Bhojpur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sangita Singh, wife of Dhananjay Singh, daughter of Ram Tapasya singh, resident of Village Ranni, P.O.- Agiaon, P.S.- Pawana, District- Bhojpur presently residing at Jai Prakash Nagar, Katira, P.S.- Ara Nawada, DistrictBhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Singh For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Mahila (Ara) P.S. Case No. 68 of 2018, registered under Section 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, pending in the court of S.D.J.M., Ara, Bhojpur.
The accusation is of torturing the informantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and removing from her matrimonial house along with her son, snatching her personal
Patna High Court CR. MISC. No.79469 of 2018(5) dt.09-07-2019 2/3 belongings.
Learned counsel for the petitioner submits that petitioner has filed Matrimonial Case No. 151 of 2018 in the court of Principal Judge, Family Court, Ara, for divorce due to cruel behaviour of informant-opposite party no. 2, who is the wife of petitioner, due to that reason petitioner does not want to live with informant-opposite party no.2.
On the other hand, learned counsel for the informant-opposite party no. 2 submits that due to nonfulfillment of demand of dowry, informant-opposite party no. 2 was being tortured through various modes and removed from her matrimonial house along with her son and when she filed Maintenance Case No. 118 of 2018 under Section 125 of the Cr.P.C. before the Principal Judge, Family Court, Ara, petitioner has also filed matrimonial case only to give undue pressure. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without
Patna High Court CR. MISC. No.79469 of 2018(5) dt.09-07-2019 3/3 being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T