Subodh Tanti @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7914 of 2022 Arising Out of PS. Case No.-11 Year-2019 Thana- MAHILA PS District- Jamui ====================================================== SUBODH TANTI @ SUBODH KUMAR Son of - Sahdeo Tanti Resident of Village - Mahuli Garh, P.S. - Khaira, District - Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Kumari Wife of Subodh Tanti @ Subodh Kumar Resident of Village - Mahuli Garh, P.S. - Khaira, District - Jamui. At present - Daughter of Anil Tanti, Residing at Village - Mahua Garh, P.S. - Laxmipur, District - Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

A jointness petition has been filed by learned counsel for the petitioner, whereby it is stated that notice was received by mother of the O.P. No.2 and she is residing with the O.P. No.2 in the same house.

Accordingly, notice is treated to be validly served upon O.P. No.2.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered

Patna High Court CR. MISC. No. 7914 of 2022(4) dt.09-11-2022 2/3 for the offence punishable u/s 498A/494/323/34 of the IPC and section 3⁄4 of the Dowry Prohibition Act.

The allegation against the petitioner is that he along with his family members tortured the informant for non-fulfillment of demand of dowry and thereafter petitioner solemnized second marriage and ousted the informant out of the house. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has never made any dowry demand. It is further submitted that the informant/O.P. No.2 has solemnized second marriage. This fact is stated in para-7 of this application. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since nobody appeared on behalf of O.P. No.2 even after notice and petitioner has submitted that O.P. No.2 solemnized second marriage, 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

Patna High Court CR. MISC. No. 7914 of 2022(4) dt.09-11-2022 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jamui Mahila P.S. Case No.11 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T