Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7367 of 2023 Arising Out of PS. Case No.-75 Year-2021 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== HEMANT KUMAR Son of Ram Ashish Sharma Resident of village - Gauribigaha, Post Officer - Korap, P.S.- Aanti, District - Gaya, Bihar. At present Address - Indrawan Enclave Mubarakpur Road, Near Chhath Puja Talab, P.S.- Prem Nagar, New Delhi Phone No.- 8826317698. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nidhi Priya Wife of Hemant Kumar Daughter of Virendra Tiwary, Resident of village - Sonbarsa, Post Office - Baliya, P.S.- Amba, District - Aurangabad, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 75 of 2021, registered for the offence punishable under Sections 498A, 420, 406, 504, 506 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.

The case of the complainant, in brief, is that her marriage was solemnized with the petitioner on 14.5.2019 and during the course thereof, several gifts, Rs. 7,00,000/- in cash, gold jewellery etc. were given by her father to the petitioner and his

Patna High Court CR. MISC. No.7367 of 2023(2) dt.19-05-2023 2/3 family members. It is also alleged that after the complainant had gone to her matrimonial home, her in-laws including the petitioner herein had started demanding a sum of Rs. 10,00,000/- and a car by way of dowry. It is also alleged that on account of non-fulfillment of the demand for dowry, the complainant was tortured and harassed by the accused persons, however, it subsequently transpired that though the husband of the complainant is not physically capable of consummating marriage, nonetheless, his family members, by deceiving the complainant and her family members, had solemnized the marriage of the petitioner with the complainant with a view to fraudulently cheat the complainant and his family members of their hard earned money.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the fact is that the complainant had never accepted the petitioner as her husband since the date of marriage inasmuch as the marriage had been solemnized against her will.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.7367 of 2023(2) dt.19-05-2023 3/3 At this juncture, this Court had put a query to the learned counsel for the petitioner as to whether the petitioner is ready to join mediation proceedings for the purposes of amicably resolving the matrimonial dispute in question, however, the answer is in negative. In fact, this Court had also made a query from the learned counsel for the petitioner as to whether the petitioner is ready and willing to keep his wife with due honour and dignity, to which also the answer is in the negative.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that prima facie, the allegations levelled against the petitioner definitely show that the petitioner has engaged in commission of cognizable offence, hence, I do not find the present case to be a fit case for grant of anticipatory bail to the petitioner, especially in view of his adamant attitude, as aforesaid, thus, the present petition stands dismissed.