Raj Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15497 of 2023 Arising Out of PS. Case No.-522 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Raj Kishore Kumar Son of Ram Raj Singh At present R/o Mohalla Kocha Toli, Ram Nagar, P.S- Namkum, Dist- Ranchi, Jharkhand, Permanent Address R/V- Balbhadrapur, P.S- Darihat Dist- Rohtas Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Verma D/o Ram Bharat Mahto R/V/Mohalla- Murcha Road, PSChowk Dist- patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Prakash For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard counsels for the parties.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 522 of 2020 for the offence registered under Section 498(A) of the I.P.C. and 3/4 of the Dowry Prohibition Act.

3. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-fulfillment of demand of dowry.

4. It is submitted on behalf of petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is general and omnibus allegation of torture and harassment. Petitioner is husband of the complainant

Patna High Court CR. MISC. No.15497 of 2023(3) dt.28-07-2023 2/2 and he is ready to keep his wife (complainant) with full honour and dignity. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. It is further submitted that petitioner is already paying maintenance of Rs. 45,000/- per month to the Opposite Party No. 2. The petitioner has further 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. Considering the facts and circumstances of the case, let the petitioner, above-named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Complaint Case No. 522 of 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) vinita/- U T