Shailesh Kumar @ Shailesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59912 of 2024 Arising Out of PS. Case No.-465 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Shailesh Kumar @ Shailesh Kumar Rai son of Birendra Rai Village- Chhuri Chapra, P.S- Chapra Muffasil, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kumari @ Supriya wife of Shailesh Kumar Rai Village- Chhuri Chapra, P.S- Chapra Muffasil, District- Saran at Chapra, P/A- Lakhraon W.No-4, Po- Siwan Ps- Siwan Muffasil Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 25-02-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 465 of 2023 for the offence under Sections 498(A), 323, 324, 354, 379, 494 and 34 of the Indian Penal Code.

3. As per the prosecution story, the informant - Suman Kumari is wife of the petitioner - Shailesh Kumar and her marriage was solemnized on 19.04.2015. She alleged in her complaint that after two and half years of marriage, her in laws began to harass and assault her.

4. Learned counsel for the petitioner submits that the petitioner is husband of opposite party no. 2. He is innocent and

Patna High Court CR. MISC. No.59912 of 2024(5) dt.25-02-2025 2/3 has not committed any offence. The case of prosecution is false, fabricated and lodged with ulterior motive. He submits that the petitioner is working as a Agricultural labourer, who has full honour, law and respect of dignity to the opposite party no. 2 but she is whimsical and always went to her paternal house without consent of the petitioner or other family members due to which the full marriage life has not been established.

5. Learned APP opposes the prayer of anticipatory bail.

6. During course of argument, learned counsel for the petitioner submits that the informant has already filed a Complaint Case No. 1144 of 2024 under Section 498 A of the Indian Penal Code in District - Siwan also. Divorce suit is also going on between the parties which is subjudice before the competent court of jurisdiction.

7. Keeping in view the aforesaid facts and circumstances, this Court is inclined to enlarge the petitioner on anticipatory bail with conditions.

Let the petitioner be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount

Patna High Court CR. MISC. No.59912 of 2024(5) dt.25-02-2025 3/3 each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 465 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U T