Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83927 of 2023 Arising Out of PS. Case No.-2701 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sanjay Kumar Singh Son of Late Kamta Prasad Singh Assistant Professor, Department of History, P.N. College, Parsa, P.S. - Parsa, Distt. - Chapra, At present R/o Road No. 7, Shri Krishna Nagar, P.S. - Buddha Colony, Distt. - Patna, Pin 800001 (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ekta Singh W/o Sri Sanjay Kumar Singh R/o Gomati Apartment, Boring Canal Road, Exhibition Road, Patna 800001, at present 402 Hope Anand Complex, Anandpuri West Boring Canal Road, P.S. - Krishna Puri, distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s :
Ms. Rina Sinha, A.P.P.
Mr. Anuj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the parties.
2. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 498(A), 323 of the Indian Penal Code.
3. As per the complaint case, complainant got married with this petitioner on 24.02.2008 but after marriage, this petitioner used to torture and harass her for demand of dowry.
4. Learned counsel for the petitioner denies the allegations against the petitioner and submits that petitioner is husband of the complainant and he has falsely been implicated
Patna High Court CR. MISC. No.83927 of 2023(5) dt.03-07-2024 2/3 in this case. Petitioner is victim of cruel behaviour of the complainant and he is leading deserted life since the year 2016. It is next submitted that petitioner has affection towards the complainant and their son and that is why he is paying maintenance amount of Rs. 12,000/- per month in the account of the complainant, rent, maintenance charge and electricity bill of the flat in which the complainant and their son reside and he will go on paying the same in future also. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
5. Learned counsel for the complainant vehemently opposed the prayer for anticipatory bail of petitioner.
6. In view of the aforesaid submission of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.83927 of 2023(5) dt.03-07-2024 3/3 satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 2701(C) of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T