Nitesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71311 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- KINJAR District- Jehanabad ====================================================== Nitesh Kumar Singh S/o Sri Chandra Bhushan Singh R/o Mohalla - 7, Officers, Flats, Bhowra, Dhanbad, Jharkhand, Presently residing at Quarter no. 2222, Sector 4G, Near Mobile Tower, P.O. and P.S. - Sector 4, Bokaro, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Kumari W/o Nitesh Kumar Singh R/o Quarter no. 2222, Sector 4G, Near Mobile Tower, P.O. and P.S. - Sector 4, Bokaro, Jharkhand, Presently residing at vill - Pariyari, P.O. - Pariyari, Distt. - Arwal, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shreyash Goyal, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/323/498-A/504/34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. 3.

Allegation against the petitioner is of torturing the informant mentally and physically, for non-fulfillment of his and his family's demand of dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. The

Patna High Court CR. MISC. No.71311 of 2024(2) dt.23-10-2024 2/2 petitioner has never made any demand of dowry nor has subjected her to cruelty. Earlier, the petitioner has filed a divorce case in the year, 2022 against the O.P. No.2, thereafter, the O.P. No.2 moved before the Apex Court and vide order dated 11.01.2023, the Apex Court transferred the petitioner's divorce case from Family Court, Bokaro to Family Court, Jehanabad. Thereafter, the informant with malafide intention, filed the present case against the petitioner. Further, the petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kinjar P.S. Case No.74 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T