Dhananjay @ Dhananajaya Uppadhyay @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26735 of 2024 Arising Out of PS. Case No.-215 Year-2020 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== DHANANJAY @ DHANANAJAYA UPPADHYAY @ DHANANJAY KUMAR S/O CHAMAN UPADHYAY R/O 4 BIHAR REGIMENT QUARTER, RAMNAGAR KHOJA TOLI, P.S- NAMKUN, DISTT.- RANCHI , JHARKHAND-834010.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

RUBI DEVI @ RUBI KUMARI W/O DHANANJAY @ DHANANAJAYA UPPADHYAY @ DHANANJAY KUMAR R/O 4 BIHAR REGIMENT QUARTER, RAMNAGAR KHOJA TOLI, P.S- NAMKUN, DISTT.- RANCHI , JHARKHAND-834010. AT PRESENT RESIDING AT VILLAGE AN DP.O- DEVKULI, P.S- BRAHMPUR, DISTT.- BUXAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Aditya For the Opposite Party/s :

Mr.Surendra Prasad Singh For the Complainant :

Mr. Lalmani Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for petitioner, learned counsel for the O.P. No.2 as well as learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 504, 379, 498(A) and 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

3. Petitioner, who is the husband of O.P. No.2, is said to have assaulted her and ousted her out of her matrimonial house on the pretext of non-fulfillment of demand for dowry.

Patna High Court CR. MISC. No.26735 of 2024(2) dt.01-05-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the petitioner is unemployed as of now and the O.P. No.2 is working in a private company. He further submits that the petitioner has filed a divorce case against the O.P. No.2 and O.P. No.2 has also filed a maintenance case and in the said maintenance case, argument has been concluded. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.26735 of 2024(2) dt.01-05-2024 3/3 below where the case is pending/Successor Court in connection with Complaint Case No.215-C of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T