Narendra Kumar @ Narendar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38377 of 2024 Arising Out of PS. Case No.-2888 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Narendra Kumar @ Narendar Kumar Son of Raj Kumar Ray Resident of Village - Ram Nagar, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kumari Wife of Narendra Kumar @ Narendar Kumar Resident of Village - Ram Nagar, P.S. - Sakra, District - Muzaffarpur. A/P- D/o- Ram Naresh Prasad Singh, Resident of Village - Barua, Bahuara, P.S. - Rajapakar, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that from perusal of the office report dated 20.08.2024, it would manifest that the same records that the O.P. No. 2 not met, however her mother refused to receive the notice, since the mother of the O.P. No. 2 refused to receive the notice, it would be deemed to be validly served.

4. Learned counsel for the petitioner next submits that petitioner, being husband, has been falsely implicated in the instant case by the complainant. It is next submitted that

Patna High Court CR. MISC. No.38377 of 2024(3) dt.20-08-2024 2/2 complainant earlier had filed Sakra P.S. Case No. 303 of 2022 in which petitioner was granted the privilege of anticipatory bail and is also paying a monthly maintenance of Rs. 4,000/-. It is next submitted that the instant complaint case has been instituted only with a view to extract more money from the petitioner. It is next submitted that O.P. No. 2, at the behest of her mother, implicates the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 2888 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T