Ranjit Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10308 of 2019 Arising Out of PS. Case No.-1997 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RANJIT KUMAR S/o Keshav Sah resident of village-Chatiya, P.SMalahi,dist.- east champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anita Devi W/o Ranjit Kumar D/o Duryodhan Sah residing at Sariswa, P.SHarsidhi, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.C 1997 of 2017 , registered for offences punishable under Sections 341, 323, 498A, 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Allegation against the petitioner as per the complaint petition is of demand of Apache motorcycle and golden chain and due to that subjecting his wife O.P.no.2 to cruelty and torture and also ousted her from the house.

Submission of the learned counsel for the petitioner is that though the allegation is false and concocted but as a matter of fact she is not ready to reside with the petitioner whereas the petitioner is ready to keep her with dignity and care.

In this case notice was also issued to the O.P.no.2 and the

Patna High Court CR. MISC. No.10308 of 2019(4) dt.09-05-2019 2/2 office notes shows that the notice was received by the O.P.no.2 personally but on last date i.e. on 26.4.2019, also nobody appeared or any Vakalatnama had been filed and today also nobody appears on behalf of the O.P.no.2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, Motihari, East Champaran in connection with Trial No.2143 of 2018 arising out of Complaint Case No.C1997 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T