Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36322 of 2025 Arising Out of PS. Case No.-377 Year-2023 Thana- COMPLAINT CASE District- Banka ====================================================== Niraj Kumar, S/o- Jitan singh @ Jitendra Singh, Resident of village- Boskitta Ps- Dhoraiya District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Kumari W/o- Niraj Kumar, D/o- Kailash Ram Resident of villageBosbitta P.S.- Dhoraiya, District-Banka, P/A- Village- Bardiyachak P.S.- Dhoraiya Dist- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md.Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-06-2025

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 377 of 2023 registered for the offence punishable under Section 498-A of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is husband of the complainant, in respect of the same allegations levelled by the complainant, Banka Mahila P.S. Case No. 09 of 2023 has also

Patna High Court CR. MISC. No.36322 of 2025(2) dt.20-06-2025 2/3 been registered under Sections 323, 498(A), 504, 34 of the Indian Penal Code and Section 3 & 4 of Dowry Prohibition Act of which a certified copy has been filed with the petition as Annexure- P/2, in which the petitioner has got bail, so, the petitioner is facing two cases with regard to the same allegations, which is completely harassment to him. The petitioner's marriage with complainant took place in the year 2022 thereafter the complainant lived in the company of petitioner only for four months and there is no any medical evidence to substantiate the allegation of physical cruelty.

4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that the allegations levelled by the O.P. 2 in her complaint as well as the allegations levelled by her in her FIR of Banka Mahila P.S. Case No. 09 of 2023 are the same.

5. Having considered the aforesaid submissions advanced by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint Case No. 377 of 2023 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.36322 of 2025(2) dt.20-06-2025 3/3 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Shailendra Singh, J) Rajiv/- U T