Manoj Das v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12325 of 2019 Arising Out of PS. Case No.-203 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MANOJ DAS Son of Lalan Das Resident of Village - Rajpur Sera, P. S.- Kesariya, District - East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Gita Devi Daughter of Suresh Das Resident of Village - Bhagya Nagar, P.S.- Kalyanpur, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 The petitioner apprehends his arrest in connection with Compliant Case No. C-203 of 2017 registered under Sections 498A of the Indian Penal Code.

Allegation against the petitioner is that complainant was married to the petitioner on 20.04.2016. It has been alleged that after some time behaviour of the petitioner and his family members changed and they started demanding motorcycle as dowry and due to non-fulfillment of the same, the complainant was assaulted and ousted from her matrimonial home. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case inasmuch as the petitioner has not committed any offence in the manner alleged and the allegation against the

Patna High Court CR. MISC. No.12325 of 2019(5) dt.16-10-2019 2/2 petitioner is general and omnibus in nature of demand of dowry and torture. He further submits that he is ready and will to keep O.P.No. 2 as his wife and he has made statement to this effect in paragraph no. 10 of this application. Learned counsel further submits that despite notice having been issued and received by O.P.No. 2., she chose not to appear before this Court. Having regard to the submissions made by the parties and taking into consideration the fact that allegation against the petitioner is general and omnibus in nature and despite service of notice, O.P.No. 2 did not appear before the Court, as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, East Champaran at Motihari in connection with Complaint Case No. C-203 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.