Ankaj Rajak v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14117 of 2019 Arising Out of PS. Case No.-631 Year-2014 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Ankaj Rajak, aged about 32 years, Male, Son of Jangi Rajak, Resident of Village - Kurwa , P.S.- Khizersarai, Distt - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bimla Devi, aged about 26 years, Female, Wife of Ankaj Rajak, D/o Girjanandan, Resident of Village - Kurwa, P.S.- Khizersarai, Distt - Gaya. At present residing at Mohalla - Murlihil, P.S.- Kotwali, Distt - Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.631 of 2014 for the offences allegedly committed by the petitioner under Section 498(A) of the Indian Penal Code as well as under Sections 3⁄4 of the Dowry Prohibition Act. The complainant, wife of the petitioner, alleged that she was married to the petitioner and went to her Sasural but her husband demanded Rs.1,00,000/- and due to non-fulfillment of demand of dowry, her husband and other family members drove her out from the house on 10th January, 2012 and since then she is living in her Naihar.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14117 of 2019(2) dt.07-03-2019 2/2 alleged occurrence took place on 10th January, 2012 but the complaint was filed after two years of the occurrence. The true facts are that the complainant worked as Aanganwari Sevika and she does not want to live with the petitioner. The petitioner filed petition in the Family Court for the restitution of conjugal rights. A Panchayati was also held.

Taking into consideration the fact that the complainant alleged that she was driven out from the house on 10th January, 2012 but she filed the complaint petition after more than two years of the occurrence, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 C.J.M., Gaya in connection with Complaint Case No.631 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T