Ravi Shankar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9158 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== RAVI SHANKAR SHAH Son of Hira Lal Shah R/v- Pithoari Tokath Tola, P.S.- Baniyapur, District- Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Pratibha Devi Wife Of Ravi Shankar Shah R/V- Sishaie Trakul Tola, P.S.- Goria Kothi, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishesh Kumar Singh, Advocate Mr. Basant Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 498 A/34 of the Indian Penal Code as well as under section 3⁄4 of the Dowry Prohibition Act.

It is a case of dowry demand.

The prosecution story, in brief, is that all the accused persons including the petitioner tortured the victim due to non fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.9158 of 2023(2) dt.25-04-2023 2/2 The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent. On behalf of the learned counsels for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan in connection with Siwan Mahila P.S. case no.33 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T