Pankaj Kumar Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22561 of 2024

Arising Out of PS. Case No.-665 Year-2023 Thana- BRAHMPUR District- Buxar

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Pankaj Kumar Singh SON OF ISHWAR NATH SINGH Resident of Mohalla -Kamla Nagar, Back of Maharaja Petrol Pump, Dumraon, P.S. -Dumaraon, District- Buxar

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... ... Petitioner/s

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Versus

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The State of Bihar

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Priya Kumari @ Madhu Kumari Wife Of Pankaj Kumar Singh Resident Of Village- Dharhara, Po- Tudiganj, Ps- Krishna Brahm, Distt- Buxar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jyoti Ranjan Jha, Mr. Krishnakant Upadhyay, Advocates For the State : Mr. Anil Prasad Singh, APP For the Informant : Mr. Anand Kumar Ojha, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 22-04-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Brahampur P.S. Case No. 665/2023 dated 07.11.2023, for the offences punishable under Section 498A of the Indian Penal Code and u/s 3/4 of the D.P. Act.

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As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically and ousted her from the matrimonial home due to non-fulfillment of demand of Rs. 2 Lakhs as dowry for purchasing a Bullet motorcycle.

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Patna High Court CR. MISC. No.22561 of 2024(2) dt.22-04-2024 2/3

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has no criminal antecedent. The petitioner has relied upon the 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.” Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr. Passed in Criminal Appeal No(s). 2207 of 2023, arising out of Special Leave Petition (CRL.) No. 3433 of 2023.

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Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond

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Patna High Court CR. MISC. No.22561 of 2024(2) dt.22-04-2024 3/3

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of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Brahampur P.S. Case No. 665/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

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(i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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Ranjeet/-

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U T

Pankaj Kumar Singh v. The State of Bihar

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Pankaj Kumar Singh v. The State of Bihar

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