Mritunjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61945 of 2023 Arising Out of PS. Case No.-258 Year-2015 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== MRITUNJAY SINGH SON OF LATE BHIKHARI SINGH RESIDENT OF VILLAGE - BENI KALA, P.S. - HUSAINABAD (JAPLA), DISTRICT - PALAMU (JHARKHAND) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

MEERA DEVI WIFE OF MRITUNJAY SINGH RESIDENT OF VILLAGE - BENI KALA, P.S. HUSAINABAD (JAPLA), DISTRICT - JHARKHAND. AT PRESENT DANI BIGHA, P.S. - AURANGABAD (TOWN), DISTRICT - AURANGABAD (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 258 of 2015, registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. The complainant Mira Devi made allegation against her husband, the petitioner, along with in-laws inflicted atrocities for non-fulfillment of demand of dowry.

4. The learned counsel for the petitioner has submitted that as a matter of fact, Mira Devi developed illicit relations with one Narendra Singh resident of village Rampur and without divorce, she

Patna High Court CR. MISC. No.61945 of 2023(3) dt.19-04-2024 2/2 solemnized her remarriage with said Narendra Singh. This averment has specifically been mentioned in paragraph no. 15 of the petition. He has submitted further that she is not residing in her maika rather was residing with the second husband and it was the reason that the notices sent to her, were returned with endorsement that she was not residing there.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Aurangabad in connection with Complaint Case No. 258 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T