Bikash Ojha @ Vikas Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10619 of 2020 Arising Out of PS. Case No.-49 Year-2019 Thana- MAHILA P.S. District- Saran ====================================================== Bikash Ojha @ Vikas Kumar Ojha S/O Ram Narayan Ojha Village - Ferusa, Fulwariya, P.S. - Garkha, District - Saran. Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PushpaKumari D/O Tribhuwan Tiwary R/o Village - Jagatpur, Tarwara, P.S. - Janta Bazar, District - Saran.

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

For the Petitioner/s :

Mr.Usha Rai For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504 of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of dowry demand and ousting the informant from her matrimonial house. It is submitted by learned counsel for the petitioner that a false and concocted story has been created and petitioner has has been implicated in this case. The petitioner is husband of the informant and he never demanded any dowry. In fact, the informant is a quarrelsome lady and she herself does not want to

Patna High Court CR. MISC. No.10619 of 2020(5) dt.21-02-2022 2/2 live with the petitioner. However, the petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Mahila P.S. Case No. 49 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the informant wishes to reside with the petitioner, she will file a petition to that effect before learned Court below. On receiving such a petition, the learned Court below will issue notice to the petitioner when the petitioner will be under an obligation to comply the undertaking given before this Court to keep the informant as wife with full dignity and honour. (Sunil Kumar Panwar, J) Shageer/- U T