Amrendra Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 521 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 30680 of 2020
      Arising Out of PS. Case No.-64 Year-2019 Thana- MAHILA PS District- East Champaran
     ======================================================

Amrendra Kumar Singh, aged about 30 years (Male), Son of Krishna Singh, Resident of Village- Harihara, PS- Shikarganj, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar

2. Sanju Kumari, Daughter of Ramjee Singh, Resident of Village- Jasauli Patti, Tola Mahuara, PS- Kotwa, District- East Champaran.

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

     For the Petitioner/s    :        Mr. Brajesh Kumar Singh, Advocate
     For the State           :        Mr. Madan Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Brajesh Kumar Singh, learned counsel for the

petitioner and Mr. Madan Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Mahila PS Case No. 64 of 2019 dated 04.11.2019, instituted under

Sections 341/342/323/504/307/498A/34 of the Indian Penal Code

and 3/4 of the Dowry Prohibition Act.

3. The allegation against the petitioner, who is the

husband of the informant, is that her father could not fulfill the

demand of one Alto car but had given Rs. 1 lakhs more to the

accused persons and after one week in the matrimonial home, the Patna High Court CR. MISC. No.30680 of 2020 dt.30-01-2021

accused started committing cruelty and torture and also assault

and even after Panchayati, nothing improved and on 24.10.2019,

the accused persons locked the informant in a room and assaulted

her brutally and the petitioner is said to have given knife blow on

the informant resulting in cut injury on her head and then her

father came and saved her.

4. Learned counsel for the petitioner submitted that the

allegation is false and in fact, the father of the informant had taken

her back with him in front of witnesses and in the agreement, he

has clearly written that in future if any case is filed by his

daughter i.e., the informant, it would be false and no grievance has

been levelled against the petitioner's side.

5. Learned APP submitted that there is direct allegation

and the fact that within four months of marriage, the informant

had to leave the matrimonial home itself shows that the conduct of

the petitioner and his family members was inimical towards her

and she was not safe in the house. Further, it was submitted that

the injury corroborates the allegation. Learned counsel submitted

that the fact that an agreement was executed by the father of the

informant clearly indicates that it was under duress as no father

would execute an agreement if his newly married daughter is

coming to his house i.e., her parents' house. It was further Patna High Court CR. MISC. No.30680 of 2020 dt.30-01-2021

submitted that in the application itself, the petitioner has taken the

stand that there is no question of them living together which

clearly indicates that there is fault on his part.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T