Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11958 of 2023 Arising Out of PS. Case No.-657 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Dharmendra Ram S/O Shyam Narayan Ram R/V- Parasiya, P.S.- Bhabhua, District- Kaimur At Bhabhua ... Petitioner

Versus

1.

The State Of Bihar 2.

Mina Kumari W/O Dharmendra Ram R/V- Parasiya, P.S.- Bhabhua, DistrictKaimur At Bhabhua At Present Reside With Her Father Namely Kishor Ram R/V- Aatdih P.O Badhauna, P.S.- Ramgarh District- Kaimur At Bhabhua ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Let previous order dated 1.5.2023 be read as order no.2 in place of order no.3 which is a typographical error. Heard learned counsel for the petitioner and the State. Despite filing of vaklatnama, nobody appears for opposite party no.2 for second consecutive date.

Petitioner apprehends arrest in a case registered for the offence punishable under section 498A and other allied sections of the IPC read with sections 3 & 4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner along with other family members committed torture on the complainant/ opposite party no.2 due to non-fulfilment of dowry demand. Learned counsel appearing for the petitioner while

Patna High Court CR. MISC. No.11958 of 2023(3) dt.05-05-2023 2/2 denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the victim to her matrimonial house with honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Kaimur at Bhabua in Complaint Case No. 657/2022, subject to the conditions laid down under section 438 of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T