Raja Kumar @ Raja Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16208 of 2020 Arising Out of PS. Case No.-1654 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Raja Kumar @ Raja Mahato aged aboaut 24 years Son of Ganesh Mahato Resident of Village - Nawadih, P.S.- Paharpur, Distt - East Champaran, Motihari.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Kavita Devi wife of Sri Raja Mahto, D/o Shambhu Nath Resident of Village - Nawadih, P.S.- Paharpur, Distt - East Champaran, At present R/v - Kutpur Mathiya Bandowasti, P.S.- Harsidhi, Distt - East Champaran. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rakesh Kumar Sharma, Advocate For the State :

Mr. Pramod Kr.Pandey, Addl Public Prosecutor For the informant : Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner, the State and the opposite party no.2.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code as well and sections 3⁄4 of the and under sections 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case, opposite party no.2 got married with the petitioner on 11.5.2013. However, after marriage petitioner and his family members started torturing and harassing her due to non-fulfilment of dowry demand in the form of Maruti car and cash Rs.4.50 lacs. They also tried to set

Patna High Court CR. MISC. No.16208 of 2020(3) dt.27-01-2021 2/2 her on fire by pouring kerosene oil but was saved by the neighbourers. Finally, they ousted her from the matrimonial house.

Learned counsel for the petitioner, refuting the allegations, submits that the petitioner is ready to keep opposite party no.2 with care and dignity.

Learned counsel for the State and the opposite party no.2 oppose the prayer for bail submitting that there is specific allegation against the petitioner that he tortured opposite party no.2 and also tried to kill her by setting her on fire. Learned counsel also submit that the opposite party no.2 is not ready to live with the petitioner because of his past conduct. Considering the gravity of the allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T