Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20994 of 2024 Arising Out of PS. Case No.-2442 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Avinash Kumar S/o Shailendra Pandey R/o Vestle Out, Kadal Nagar D Path, Sonari, P.S.- Sonari, District- Jharkhand, PIN-831011 ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Varsa Rani Wife of Shri Avinash Kumar, S/o Anil Kumar Resident of Back of House No. 23, Westleout, Road No.06, Near Tarun Sangh Jamshedpur, Sonri, Purvi Singhbhum, Jharkhand, PIN-831011, Present Residing at R.M.S. Colony, East Indira Nagar, Road No. 2, Faujdar Bhawan, P.S.- Kankarbagh, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Nandan Kumar, Advocate :
Mr. Shashi Shekhar Kr. Prasad, Advocate :
Mr. Abhay Shankar, Advocate For the State :
Mr. Mritunjay Kumar Nirala, APP For O.P. No. 2 :
Mr. Mohit Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the O.P. No. 2. 2.
Petitioner is apprehending his arrest in connection with Complaint Case No.2442(C) of 2021, registered for the offence punishable u/s 498A, 420, 323, 504, 341 of IPC and 3/4 of D.P. Act.
3. Petitioner, who is husband of complainant, is said to have tortured her in association of his family members over the dowry demand. It is further alleged that they also threatened the O.P. No. 2 of dire consequences.
Patna High Court CR. MISC. No.20994 of 2024(6) dt.19-11-2024 2/2
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. 5.
Learned APP for the State and learned counsel for O.P. No. 2 opposed the prayer for bail.
6.
Considering the aforesaid facts and circumstances and the due to non-complaince of the order dated 20.08.2024, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) priyanka/- U T