Girish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9668 of 2025 Arising Out of PS. Case No.-37 Year-2023 Thana- MAHILA PS District- Jamui ====================================================== Girish Kumar S/o Satish Das R/o vill - Shivsona, P.s. - Halsi, Distt.- Lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priti Kumari W/o Girish Kumar R/o vill - Shivsona, P.S. - Halsi, Distt.- Lakhisarai, Present address Priti Kumari, D/o Raju Das, R/o vill - Pyarepur, P.O. - Kharsari, P.s. - Jamui, Distt.- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Jamui Mahila P.S. Case No. 37 of 2023, dated 04.05.2023 registered for the offences punishable under Sections 498A, 323, 120B, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
3. As per allegation, subsequent to the marriage, there was demand of additional dowry of Rs. 2,00,000/- or ask her parents to give the land by way of registered deed and on account of failure to fulfill the same, the wife/informant has been subjected to cruelty. It is also alleged by the informant that
Patna High Court CR. MISC. No.9668 of 2025(2) dt.06-03-2025 2/3 at the stage of pregnancy, she was kept by the husbandpetitioner at her maike.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation. As a matter of fact, the marriage is not working on account of insistence of the informant-wife that the petitioner-husband should live with her maike, because her parents has no male child. He also submits that maximum punishment for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his
Patna High Court CR. MISC. No.9668 of 2025(2) dt.06-03-2025 3/3 furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Jamui, in connection with Jamui Mahila P.S. Case No. 37 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T