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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54865 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

RADHESHYAM SINGH @ RADHESHYAM KUMAR SINGH, aged about 39 years, male, SON OF SAMBHU NATH SINGH RESIDENT OF VILLAGE- NAWDEEP NAGAR, PS- SADAR, KATIHAR, DISTTKATIHAR ... ... Petitioner/s

Versus

1. The State of Bihar

2. JULI KUMARI, aged about 33 yrs. (F), WIFE OF RADHESHYAM SINGH, RESIDENT OF VILLAGE- NAWDEEP NAGAR BAIGNA, POKATIHAR, PS- SADAR, DISTT- KATIHAR, AT PRESENT D/O KRISHNANAND SINGH, RESIDENT OF VILLAGE AND POMANDAIDIH, PS- PATEPUR, DISTT- VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

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.86 of 2022 registered for the offence(s) punishable under Section(s) 498(A)/379/34 of the Indian Penal Code and the cognizance was taken under Section 498(A) of IPC

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner is husband of the complainant, who is here O.P. No.2, the marriage in between

Patna High Court CR. MISC. No.54865 of 2023(2) dt.23-08-2023 2/3 them took place in the year 2015 and one child has taken birth from their conjugal relationship and the allegations levelled by the complainant against the petitioner are completely unbelievable and the complainant filed a complaint petition on which basis the learned court below took cognizance for the offence punishable under Section 498(A) of I.P.C.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and nature of allegation appearing from the statement of the complainant recorded by her before the court below during the course of inquiry and also the fact that the marriage in between the petitioner and complainant took place in the year 2015 and allegation of cruelty for demand of dowry was made by the complainant in the year 2021, in my opinion, in the said circumstances, petitioner deserves to the privilege of anticipatory bail. 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.86 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.54865 of 2023(2) dt.23-08-2023 3/3 the Court concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Sanjay/- U T