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Patna High CourtCR. MISC./74256/2024allowed

Vijay Kumar Singh v. The State Of Bihar

2024-10-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74256 of 2024 Arising Out of PS. Case No.-440 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.

Vijay Kumar Singh S/O Late Ramlakhan Singh Resident of Village- Badi Khagaul Devi Asthan Danapur, P.S- Danapur, Distt.- Patna At presentResiding at Flat No. 1, Ocean Pear Apartment, 4th Cross Road, Nanja Reddy Colony, BDA Layout, Murgeshpallya, P.S- Jivan Bima Nagar, DisttBengluru, State- Karnataka. 2.

Annapurna Devi W/O Sri Vijay Kumar Singh Resident of Village- Badi Khagaul Devi Asthan Danapur, P.S- Danapur, Distt.- Patna At presentResiding at Flat No. 1, Ocean Pear Apartment, 4th Cross Road, Nanja Reddy Colony, BDA Layout, Murgeshpallya, P.S- Jivan Bima Nagar, DisttBengluru, State- Karnataka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sneha Kumar W/O Avinash Kumar Singh, D/O Sikandar Singh R/O Village/Ward No. 12, Shanti Nagar, Bikramganj, P.S- Bikramganj, Distt.- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shantanu Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Allegedly, both the petitioners are said to have tortured upon the complainant physically and mentally and ousted her

Patna High Court CR. MISC. No.74256 of 2024(2) dt.28-10-2024 2/3 from her matrimonial home in association of their family members over the dowry demand.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners are father-in-law and mother-in-law of the complainant, respectively. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. The real fact is that the complainant herself ill treated her husband and in-laws. She left her matrimonial house with all belongings on 06.06.2023 with her own sweet will and without any coercion. It is further submitted that prior to the present case, the husband of the complainant had filed divorce case bearing M.C. Case No. 3400 of 2023 on 05.06.2023 and thereafter, when the complainant came to know about the case aforesaid, in revenge, she filed the present complaint case on 19.06.2023. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the petitioners are father-in-law and mother-in-law of

Patna High Court CR. MISC. No.74256 of 2024(2) dt.28-10-2024 3/3 the complainant, respectively and the case has been filed under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No. 440 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T