Shiv Kumar @ Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.513 of 2025 Arising Out of PS. Case No.-1463 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Shiv Kumar @ Shiv Kumar Singh S/O- Nandlal Singh R/o- Near Hanuman Mandir, Shivpuri, Bhuli Nagar P.S- Bank More Dist- Dhanbad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Sagar W/o- Shiv Kumar Singh,D/o- Krishna Kumar Singh, Resident of Mohalla- Sheoganj (in the street of Dr. Laxmi Charan) P.S- Arrah Town Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Ataul Haque, Advocate For the Complainant : Mr. Uday Kumar, Advocate For the State :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2025 Heard Mr. Md. Ataul Haque, learned counsel for the petitioner, Mr. Uday Kumar, learned counsel for the Complainant and Mr. Kumar Ranjit Ranjan, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1463C of 2023 registered for the offences punishable under Section 498A of the Indian Penal Code.

3. Petitioner is the husband of the complainant. Allegation against the petitioner is of demand of dowry and torture for the same.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.513 of 2025(5) dt.04-07-2025 2/3 implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition. Learned counsel for the petitioner fairly submits that the petitioner is ready to keep the complainant as his wife with full honour and dignity and the complainant is not ready to live with the petitioner.

5. As per direction of this Court, the petitioner has approached to the complainant but she is not ready to live with the petitioner. On the last occasion, learned counsel for the Complainant informs this Court that the complainant shall be present in the Court proceeding on the next date but she has not come today to participate in the proceeding.

6. Learned counsel for the Informant as well as learned APP for the State, on the other hand, has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Complaint Case No. 1463C of 2023, subject to the conditions as

Patna High Court CR. MISC. No.513 of 2025(5) dt.04-07-2025 3/3 laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T