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Patna High CourtCR. MISC./20395/2025bail granted

Ravi Kumar v. The State Of Bihar

2025-04-23Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20395 of 2025 Arising Out of PS. Case No.-449 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Ravi Kumar S/O Chandra Bali Paswan R/O Belgawan, P.S.- Kaler, Dist.- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari W/O Ravi Kumar R/at Nandgaon, P.S.- Shastri Nagar, Dist.- Patna. R/O Belgawan, P.S.- Kaler, Dist.- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Shastri Nagar P.S. Case No. 449 of 2024, dated 14.06.2024 registered for the offences punishable under Sections 498A and 313 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per allegation, there is demand of additional dowry and on account of non-fulfillment of same, the complainant-wife has been subjected to cruelty and torturing therefor. There is further allegation that the petitioner-husband is having illicit relationship with his bhabhi.

Patna High Court CR. MISC. No.20395 of 2025(2) dt.23-04-2025 2/3

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as mater of fact, the marriage is not working on account of the fact that wife-informant is a police Constable having higher monthly salary than the petitionerhusband. He further submits that the wife-informant is in service for five years and petitioner-husband has just joined the service as police Constable and the informant-wife has also suspicion that petitioner is having illicit relationship with another lady. He further submits that the maximum punishment prescribed for the alleged offence is three years.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the

Patna High Court CR. MISC. No.20395 of 2025(2) dt.23-04-2025 3/3 date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Shahstri Nagar P.S. Case No. 449 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T