Saroj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11476 of 2020 Arising Out of PS. Case No.-269 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== Saroj Kumar Pandey aged about 31 years S/O Jagarnath Pandey R/O VillageBhgwanpur, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Rinchu Kumari W/O Saroj Kumar Pandey, D/O Dinesh Dubey R/O VillageKoirganwa, P.O.- Ganesh Sirsiya, P.S.- Chakiya, District- East Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Nachiketa Jha, Advocate For the Opposite Party :

Mr.Madan Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner apprehends arrest in a case registered for the offence punishable under section 498A and other ancillary sections of the Indian Penal Code.

Prosecution's case, in brief, is that the opposite party no.2 was married with the petitioner in the year 2009 and out of the wedlock they had a son and a daughter. Soon after marriage, petitioner who happens to be husband of opposite party no.2 and his family members started subjecting her to torture for getting Glamour motorcycle as a dowry. They also committed marpit and finally ousted her from the matrimonial house.

Patna High Court CR. MISC. No.11476 of 2020(5) dt.22-01-2021 2/2 Learned counsel for the petitioner submits that the allegation is general and omnibus and the petitioner had filed Matrimonial case no. 147/2019 on 11.4.2019 before the Principal Judge, Family Court, Muzaffarpur under section 9 of the Hindu Marriage Act which was decreed in his favour on 4.1.2020. Petitioner never demanded any motorcycle and informant has herself left the matrimonial house out of her own will.

In spite of valid service of notice, no one appears for opposite party no.2.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner mentioned 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 Chief Judicial Magistrate, Motihari East Champaran in Chakia Police Station Case No. 269 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T