Niraj Kumar Singh @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44163 of 2023 Arising Out of PS. Case No.-1462 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Niraj Kumar Singh @ Niraj Kumar S/O Abhay Kumar Singh R/O VillageRampur Gangauli, P.S- Riga, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Menka Kumari @ Gudia W/O Niraj Kumar Singh @ Niraj Kumar, D/O Avdhesh Kumar Singh R/O Village- Rampur Gagauli, P.S- Riga, Distt.- Sitamarhi. Presently Resident of Village- Dumri Baiju, P.S- Patahi, Distt.- East Champaran.

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary :

Mr. Santosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the complainant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code pending in the learned court below.

3. The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that after 13 years of marriage the victim in collusion with her family members lodged the present case against the petitioner. He submits that the complainant has filed two cases

Patna High Court CR. MISC. No.44163 of 2023(2) dt.19-09-2023 2/2 in similar nature one was an FIR and second is the complaint case at present and the FIR the petitioner was granted anticipatory bail by the learned Court below itself with a direction to pay Rs.3,000/- per month to the opposite party no.2. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the complainant/opposite party no.2 opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.1462/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T