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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62894 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== Sanjay Singh @ Sanjay Kumar Singh Son Of Late Brijbhushan Singh Resident Of Village - Koran Dihri, P.S. - Sahar, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rita Devi Wife Of Sanjay Singh Resident Of Village - Koran Dihri, P.S. - Sahar, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Vardhan, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-03-2025 In compliance of the earlier order dated 27.03.2025, both the parties along with their respective lawyers are present in Chamber proceeding.

2. Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned APP for the State.

3. The petitioner is apprehending his arrest in connection with Sahar P.S. Case No. 92 of 2023 for the offence under Sections 341, 323, 498A, 504, 506 and 34 of the I.P.C.

4. It is a case of matrimonial dispute between both the parties. In which there is allegation on the petitioner of abusing and assaulting the complainant for demand of dowry.

Patna High Court CR. MISC. No.62894 of 2024(6) dt.27-03-2025 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has falsely been implicated in present case. The incident is of 01.06.2023 and F.I.R. was lodged on 10.06.2023 after an inordinate delay of 9 days and for that no explanation is given. On perusal of F.I.R. it transpires that prosecution story is totally false and frivolous, based on absurd story and as a matter of fact the alleged occurrence has not taken place in manner alleged. The informant is highly aggressive and misbehaving lady and she does not want to live her husband's family and had captured the house of the petitioner and not let anyone live there.

6. During the course of argument, learned counsel for the petitioner submits that petitioner is working in Ministry of Railway on the post of Technician and posted at Raipur in Chattisgarh and he is ready to pay Rs. 15000/- (Fifteen Thousand) per month for the maintenance of his wife and one child who is studying in class 6 and he is also ready to file an affidavit regarding the payment of aforesaid amount in the Trial Court/Court below to show his bona fide conduct.

7. Keeping in view the aforesaid facts, and considering the submissions made by learned counsel for the petitioner, this Court is inclined to enlarge the petitioner on

Patna High Court CR. MISC. No.62894 of 2024(6) dt.27-03-2025 3/3 privilege of anticipatory bail.

8. The above amount of maintenance will be adjusted in any future order regarding maintenance passed by any competent Court. Petitioner will pay the aforesaid maintenance amount in advance for two months in the joint bank account of the O.P. No. 2 and his child at the time of furnishing the bail bond and the details of bank account will be furnished by the informant as soon as possible.

9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Bhojpur, Ara in connection with Sahar P.S. Case No. 92 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

10. Accordingly, the instant application stands disposed of.

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