Dr. Krishnadeo Bharati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4289 of 2024 Arising Out of PS. Case No.-246 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== DR. KRISHNADEO BHARATI SON OF CHANDRA KISHOR SINGH RESIDENT OF VILLAGE - BHARSAR TOLA KORIYAHI, P.S. - SITAMARHI SADAR, DISTRICT - SITAMARHI ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
ANAMIKA SINHA WIFE OF DR. KRISHNADEO BHARATI, D/O. - SHRI AMIT KUMAR SINHA RESIDENT OF VILLAGE - PITHWA, P.S. - JHARAUKHA, DISTRICT - EAST CHAMPARAN, MOTIHARI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-11-2024 Heard Mr. Vinod Kumar, learned counsel appearing on behalf of the petitioner and Mr. Braj Kishore Pd., learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.246 / 2021 registered for the offence(s) punishable under Section 498(A) of the Indian Penal Code.
3. As per the allegation made in the complaint, due to non-fulfillment of demand of dowry, the petitioner and his
Patna High Court CR. MISC. No.4289 of 2024(6) dt.20-11-2024 2/3 family members committed cruelty and tortured the complainant and thereafter they forcibly ousted her from her matrimonial house.
4. Learned counsel appearing on behalf of the petitioner submitted that the complainant at the same time, has filed a maintenance case before the Family Court, Motihari and she wants to extort money in the maintenance case from the petitioner and on frivolous allegations, the petitioner has been forced to face criminal prosecution. Learned counsel further submitted that petitioner is still ready to keep his wife/O.P. No.2 with full dignity and honour and, as such, the petitioner may be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the complaint by the complainant, as well as, the fact that the complainant at the same time, filed maintenance case before the learned Family Court, Motihari, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.4289 of 2024(6) dt.20-11-2024 3/3 each to the satisfaction of learned court concerned in connection with Complaint Case No.246 / 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T