Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12951 of 2024 Arising Out of PS. Case No.-225 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Pawan Kumar son of Late Vijay Prasad Mohalla- Hajiganj Behind old State Bank of India Patna City Ps- Malsalami Chowk Dist- patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari wife of Pawan Kumar, D/o- Birendra Kumar MohBhaisasaur Kashi Takiya Ps- Laheri Dist- nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad , Advocate For the Opposite Party/s :

Mr. Parmanand Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A and 34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioner along with other family members committed torture and harassment to the informant (victim) due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he happens to be the husband of the victim. However, he is ready to keep the victim with honour

Patna High Court CR. MISC. No.12951 of 2024(4) dt.24-06-2024 2/2 and dignity. He further submits that pursuant to order passed by the learned Court below, petitioner is already paying maintenance amount to the victim. 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 claims clean antecedent.

5. 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 learned SDJM , Biharsharif (Nalanda) in connection with Complaint Case No. 225 of 2022 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T