Niraj Ambedkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39408 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- MAHILA P.S. District- Madhepura ====================================================== NIRAJ AMBEDKAR Son of Bisheshwar Ambedkar Resident of villageBabhangama Ps- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Kumari Wife of Niraj Ambedkar Resident of village- Babhangana PSBihariganj, District- Madhepura , At present Resident of village- Puraini Bazar PS- Puraini Bazar District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Madhepura Mahila P.S. Case No. 42 of 2021 registered for the offences punishable under sections 498(A), 323, 494, 379, 504, 506, 34 of the Indian Penal Code and section 3/4 of Dowry Prohibition Act.

As per the allegation, the informant's husband and her inlaws started humiliating and torturing her due to non-fulfillment

Patna High Court CR. MISC. No.39408 of 2022(2) dt.02-11-2022 2/3 of demand of Rs. 50,000/-. It is further alleged that the informant's husband and in-laws assaulted her and removed her from the matrimonial house on 24.04.2021.

The main submissions advanced by learned counsel Shri Ranjay Kumar Singh appearing for the petitioner are that the petitioner has been languishing in jail since 13.04.2022, the allegation that the petitioner has solemnized second marriage with another woman is completely false and in actual the petitioner has filed a Matrimonial Suit under section 9 of the Hindu Marriage Act, 1955 for the restitution of his conjugal rights and he is completely willing to keep his wife in his company.

Shri Suresh Prasad Singh, learned APP appearing for the State has opposed the prayer for bail.

In view of the above submissions and mainly considering the facts that the investigation has been completed against the petitioner and he has been languishing in jail since 13.04.2022, the alleged offences are triable by First Class Magistrate and the petitioner has taken the plea that he has filed a Matrimonial Suit under section 9 of the Hindu Marriage Act, 1955 for the restitution of his conjugal rights, in the opinion of this Court the petitioner deserves to a lenient approach of this Court, let the

Patna High Court CR. MISC. No.39408 of 2022(2) dt.02-11-2022 3/3 petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Madhepura in Madhepura Mahila P.S. Case No. 42 of 2021.

(Shailendra Singh, J) maynaz/- U T