Pawan Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14739 of 2023 Arising Out of PS. Case No.-578 Year-2021 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Pawan Kumar Mehta, aged about 24 years, Male Son of Late Jitendra Mehta, Resident of village- Rampur, P.S.- Navinagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Devi, aged about 23 years, female Wife of Pawan Kumar Mehta, Resident of village- Rampur, P.S.- Navinagar, District- Aurangabad and at present daughter of Nagendra Kumar Mehta, Resident of village- Punabar, P.S.- Risiya, District- Aurangabad (Bihar).

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends arrest in connection with Complaint Case No. 578 of 2021 dated 05.10.2021 for the offence under Section 498(A) of the Indian Penal Code.

3. The allegation as per the complaint is that the petitioner harassed and tortured the complainant for demand of dowry and for non-fulfillment of the same, she alongwith her child was ousted from her Matrimonial house.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The petitioner tried his level best to lead happily married life but the

Patna High Court CR. MISC. No.14739 of 2023(4) dt.28-08-2023 2/2 complainant herself left the house of the petitioner and fled away with her lover. The complainant herself indulge in adultery which is evident from Complaint Case No. 246 of 2021. Petitioner is in a private job in Mumbai and never indulged in the alleged offence. Petitioner has no criminal antecedent.

5. Learned APP for the State and learned counsel for the complainant opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No. 578 of 2021, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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