Suman Kumar @ Santu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17782 of 2024 Arising Out of PS. Case No.-14 Year-2021 Thana- MAHILA P.S. District- Nawada ====================================================== Suman Kumar @ Santu Kumar S/o Umesh Singh Resident Of Village Budhwara PS Govindpur, Distt. - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dipa Sharma D/o Ranjit Kumar R/o vill - Oraina, P.S. - Mufassil, Distt. - Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N A Shamsi, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Mahila PS Case No. 14 of 2021 dated 24-05-2021, instituted under Sections,341,323,315, 354(B), 498(A), 504 and 506 of the IPC and Section 3⁄4 of the Dowry Prohibitions Act.
3. There is allegation of torture and mistreatment due to non fulfillment of dowry demand by the accused persons, including the present petitioner, who is husband of the alleged victim. Attempt was also made to kill her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.17782 of 2024(2) dt.18-03-2024 2/3 case. It is submitted that earlier petitioner filed Matrimonial Case No. 113 of 2022 in the Court of learned Principal Judge, Family Court, Nawada, for restitution of conjugal rights on 07-12-2022 under Section 9 of the Hindu Marriage Act. It is submitted that on 14-12-2022, the Opposite Party No.2 has appeared in the said Matrimonial case and clearly stated before the Court that she did not want to live with her husband, while the petitioner was ready for keeping his wife with full dignity and honour and the mediation between the parties has failed. It is submitted that after marriage petitioner, out of love and affection, purchased two pieces of land in the name of his wife, namely, Dipa Kumari on 25-07-2014 and 16-03-2019 respectively. Lastly, it is submitted that the petitioner is a man of clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered 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 CJM Nawada, in Mahila PS Case No. 14 of 2021, subject to
Patna High Court CR. MISC. No.17782 of 2024(2) dt.18-03-2024 3/3 the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T