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Patna High CourtCR. MISC./10368/2022allowed

Ranjeet Kumar Burman v. The State Of Bihar

2022-10-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10368 of 2022 Arising Out of PS. Case No.-467 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== RANJEET KUMAR BURMAN Son of Tulsi Das Verman Resident of Mohalla- Rajendra Nagar Kali Bagh, Ward No. 4, P.S.- Kali Bagh, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aparna Pal Wife of Ranjeet Kumar Burman and Daughter of Rajesh Pal Resident of Mohalla- Tumariya Tola, Ward No. 2, Raxaul, P.S.- Raxaul, District- East Champaran.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Vide order dated 02.08.2022 notice was issued to opposite party no.2 but in spite of valid service of notice there is no representation on her behalf.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323.

Patna High Court CR. MISC. No.10368 of 2022(3) dt.18-10-2022 2/3 498A, 504 & 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that still the petitioner is ready to keep his wife with full honor and dignity. Petitioner has filed a Matrimonial Case No.314 of 2020 under Section 9 of the Hindu Marriage Act and in this case on 28.11.2020 the informant completely refused to come back to her matrimonial home. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 two

Patna High Court CR. MISC. No.10368 of 2022(3) dt.18-10-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Haraiya P.S. Case No. 467 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T