Vijay Kumar Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7405 of 2015 Arising Out of PS.Case No. -854 Year- 2006 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Vijay Kumar Ojha son of Late Lalit Mohan Ojha Resident of Mohalla - Subash Nagar - Dehri, P.S. - Dehri, District - Rohtas (Sasaram). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 854 of 2006, registered for the offences punishable under Section 498(A) of the Indian Penal Code.
The complainant-wife of the petitioner alleged that she was married to one Durga Prasad in the year 1982, but she took divorce with her first husband. She further stated that she got admitted in computer training school and the petitioner gave her assurance. The petitioner and the complainant solemnized marriage in a temple in the year 2004 and thereafter the petitioner subjected her to torture.
Learned counsel for the petitioner submits that all the allegations are false and concocted. The petitioner never
Patna High Court Cr.Misc. No.7405 of 2015 (2) dt.23-02-2015 2/2 demanded any dowry nor tortured. The petitioner never solemnized marriage with the complainant.
Considering the facts aforesaid and the fact that firstly the complainant was married in the year 1982 and after 22 years she stated that she was married to the petitioner in a temple in the year 2004 and she made allegation against the petitioner of demand of dowry and torture, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Complaint Case No. 854 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T