Brajesh Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7551 of 2023 Arising Out of PS. Case No.-376 Year-2020 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== BRAJESH KUMAR @ GUDDU Son of Late Amrendra Kumar R/VLakshmanpur Bathe, P.S- Parasi, Dist- Arwal at present R/V- Bigan Bigha, P.s- Daudnagar, Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Manju Sinha Wife of Brajesh Kumar @ Guddu , D/o Late surendra Prasad @ Surendra Prasa R/V- Lakshmanpur Bathe, P.S- Parasi, Dist- Arwal at present R/V- Makarpur, P.s- Makhdumpur, Dist- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Santosh Chandra Bhaskar For the State :

Mr. Md. Shakir Ahmad For the O.No.2 : Mr. Amrendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379, 504, 498A and 494 of the Indian Penal Code.

The petitioner in association of other co-accused is said to have tortured the opposite party no.2 and lastly ousted her from the matrimonial home over non-fulfillment of demand of dowry.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.7551 of 2023(2) dt.08-05-2023 2/3 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, opposite party no.2 is a teacher and she is torturing the petitioner. It is further submitted that earlier to the case under hand, the opposite party no.2 had also lodged Daudnagar P.S. Case No.536 of 2021 against the petitioner and his family members and in this case petitioner is on regular bail. It is further submitted that for the same offence two criminal cases have been lodged by the opposite party no.2. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is also submitted that opposite party no.2 is a litigant lady and she always neglected the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned counsel for the opposite party no.2 opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.7551 of 2023(2) dt.08-05-2023 3/3 Court below where the case is pending/successor Court in connection with Complaint Case No. 376 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T