Abhishek Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11453 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA PS District- Aurangabad ====================================================== ABHISHEK RANJAN Son of Kumar Arvind Singh Resident of Village - Basdiha Tolle - Dukhibigha, P.S.- Simra, Distt - Aurangabad at present Ranibagh, Ward No. 6, P.S.- and Distt - Ramgarh, Jharkhand. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Pandey For the State :
Mr.Md. Anzarul Haque Sahara For the informant Mr. Anirudh Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2022 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard learned counsel for the petitioner Sri Santosh Kumar Pandey, and learned counsel for the informant Sri Anirudh Kumar Verma and Sri Md. Anzarul Haque Sahara learned APP for the State.
Petitioner apprehends his arrest in connection with Aurangabad Mahila P. S. case no. 34/2019 registered under sections 379, 323, 498A, 354, 504, 506/34 of the Indian Penal Code read with section 3/ 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11453 of 2020(6) dt.04-01-2022 2/3 informant in the FIR alleges that she was married to the petitioner in the year 2017, after marriage petitioner along with his family members were demanding swift car and four katha of land, further due to non-fulfillment of the demand, informant was ousted from her matrimonial home by her father-in-law, who even tried to outrage modesty of the informant in which he was supported by the petitioner, it is submitted when this anticipatory bail application was taken up the parties were sent for mediation by order dated 16.9.2020, mediation report has been received and mediation has failed between the parties.
Learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that allegations are general and omnibus in nature and the informant has even maligned the reputation of father of the petitioner by alleging that he tried to outrage her modesty in which petitioner supported him. Learned counsel submits that in the nature of the allegation as alleged, it is difficult to sustain relationship.
Learned counsel for the informant opposes the bail application and submits that the informant after marriage was being tortured for dowry, it is further submitted that the petitioner in league with his father-in-law and other family members even helped his father in outraging modesty of the
Patna High Court CR. MISC. No.11453 of 2020(6) dt.04-01-2022 3/3 informant.
Learned APP also opposes the bail application. Considering the facts that the allegations in the FIR are general and omnibus in nature and allegation against the father-in-law has been levelled that he tried to outrage the modesty of the informant, it is difficult for any husband to maintain relationship when his father stands maligned, in the event of arrest/ surrender within nine weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Aurangabad in Aurangabad Mahila P. S. case no. 34/2019 subject to condition as laid down under section 438(2) of the Cr.P.C.
(Satyavrat Verma, J) s.hassan/- U T