Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81924 of 2019 Arising Out of PS. Case No.-443 Year-2009 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== NIRANJAN SINGH S/o Lalan Singh R/o village- Chhotaki Bithwal Khurd, P.S.- Baburi, Distt.- Chandauli (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha Devi W/o Niranjan Singh, D/o Late Suraj Singh At present R/o Mohalla- Premchandra Road Gaurkshni Sasaram, P.S.- Sasaram, DistrictRohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 443 of 2009, registered under Section 498 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The accusation is that the marriage of complainant /O.P. No.2 Shobha Devi was performed with petitioner in the year 2001 and, thereafter, O.P. No.2 went at her matrimonial house, where she was blessed with one male and one female issues. It is alleged that while she was kept at her Sasural about five years, but, thereafter she was being

Patna High Court CR. MISC. No.81924 of 2019(7) dt.29-01-2021 2/3 tortured for demand of Rs. 50,000/- by her husband and other in-laws and threatening was also being given to perform remarriage by her husband (Petitioner), if the demand woultd not be fulfilled. Thereafter, on 03.04.2009, the brother and uncle of O.P.No.2 came at her Sasural and gave Rs. 25,000/- to Munna Singh, brother of her husband, but in spite of that she was being tortured for remaining amount of Rs.25,000/-. On 09.04.2009, her husband (Petitioner) came in drunken state and caused assault through rod at her head, as a result, she become unconscious and thereafter, she was removed from her matrimonial house.

Learned counsel for the petitioner submits that, in fact, petitioner is suffering from schizophrenia and his treatment is going on in Kanke Mental Hospital. Further submission is that O.P. No.2, who is wife of the petitioner, is a teacher and only to harass the petitioner, she lodged this case with false allegation.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.81924 of 2019(7) dt.29-01-2021 3/3 amount each to the satisfaction of learned S.D.J.M. Sasaram, Rohtas in connection with Complaint Case No. 443 of 2009, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T