Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7443 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- DHANARUA District- Patna ====================================================== Ravish Kumar Son of Nageshwar Mahto @ Nageshwar Prasad Resident of Village-Khadiha, P.S.-Dhanarua, Distt.-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Kumari W/O Ravish Kumar, D/O-Pappu Prasad At present residing of village-Dharmpur, P.S.-Kalpa, Distt.-Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the State :

Mr. Mohammed Arif, APP For the O.P. No.2 :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 338 of 2023, registered for the alleged offence under Sections 341, 323, 498A, 504/34 of the Indian Penal Code.

03. As per prosecution case, the allegation against the petitioner, who is the husband of the opposite party no. 2, is that of demanding Rs. 1,00,000/-, fridge, T.V. etc. in dowry with the help of his other family members and torturing and treating the informant with cruelty.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7443 of 2024(3) dt.09-04-2024 2/3 petitioner is innocent and has been falsely implicated in this case. The allegations are not believable and the informant herself left her house and went to her paternal home. There is inordinate delay in lodging the FIR. Moreover, good sense has been prevailed between the parties and the petitioner and the opposite party are started living together. Learned counsel further submits that the informant used to pressurize the petitioner to get separated from his family and take a separate house, which was not possible for the petitioner due to financial constraints.

05. Learned A.P.P. for the State though opposes the submission made on behalf of the petitioner, yet the learned counsel for the informant admits that the informant has been staying in her matrimonial home with the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class/concerned court in connection with Dhanarua P.S. Case

Patna High Court CR. MISC. No.7443 of 2024(3) dt.09-04-2024 3/3 No. 338 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T