Hulash Chand Karwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3873 of 2025 Arising Out of PS. Case No.-215 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Hulash Chand Karwa Son of Late Bhanwar Lal Karwa R/o- A 403, Angan Regency -2 Pungam Road Bhaiya Nagar PS -Pungam Distt -Surat Gujarat ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Devi Wife of Raja Ram Karwa village- Mubarak Ganj, Ps- Town, Dist- rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar Tiwari, Adv For the State :

Mr.Nirmal Kumar Sinha, APP For the Informant Mr. Sakshi Deep, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned counsel for the OP.No.2 learned counsel for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 498A of the Indian Penal Code.

3. The allegation appearing in the complaint is with regard to demand of dowry and torture.

4. Learned counsel for the petitioner submits that the petitioner is father-in-law of OP.No.2, who is about 71 years of age. There is no specific allegation as against the present petitioner and further it has been submitted that the petitioner is a resident of Surat in Gujarat and the marriage between his son

Patna High Court CR. MISC. No.3873 of 2025(4) dt.24-07-2025 2/3 and OP.No.2 were performed in Surat and, thereafter, she left her matrimonial home and came to her native place. It is not the fact that the petitioner and his family were not ready to keep the OP.No.2 with due dignity and honour but it was the wish and desire of the OP.No.2 to leave her matrimonial home. Further, it is also the fact that under compelling circumstances of desertion, the son of the present petitioner had filef a suit for divorce in Surat wherein, the informant had initially appeared and subsequently, stopped appearing and hence an ex-parte decree of divorce has already been passed on 27.09.2019, which is Annexure-P-6 to the present application.

6. The learned counsel for the O.P.No. 2 however opposes the bail on the ground that coercive processes have been issued against the petitioner to which the learned counsel for the petitioner has responded that since he has been residing at Surat, he never received any summons or notice and no service report is on record.

8. Considering all the above mentioned facts and circumstances, let the petitioner, in the event of his arrest/ surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.3873 of 2025(4) dt.24-07-2025 3/3 the learned court below where the case is pending/ successor court in Complaint Case No. 215 of 2017, subject to condition as laid down under section 438(2) of the Cr.PC. (Soni Shrivastava, J) N.K/- U T