Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16150 of 2020 Arising Out of PS. Case No.-1313 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DHANANJAY KUMAR Son of Late Vidyanand Kumar Resident of Village - Karsa, Police Station - Vikram, District - Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sangita Kumari Wife of Dhananjay Kumar Resident of Village - Karsa, Police Station - Vikram, District - Patna., presently address - H/O Vijaydhari Kumar, Bapu Nagar, New Yarpur, Police Station - Gardanibagh, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1313(C) of 2019 registered for the offences punishable under Sections 498A, 323/34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. As per the prosecution case, petitioner was married with the complainant in the year 2001 and after a lapse of 18 years, she has lodged this complaint case. Out of the said wedlock, two children were born. It is further alleged that after birth of the children, behaviour of her in-laws changed and they started abusing and assaulting the complainant and the petitioner demanded dowry of rupees five lakh.

Patna High Court CR. MISC. No.16150 of 2020(6) dt.08-03-2021 2/3 It appears from the stamp report that earlier notices were issued to the opposite party No. 2, but she refused to take notice.

It is submitted on behalf of the petitioner that petitioner's marriage took place in the year 2001 and after a lapse of such a long time, the allegation of demand of dowry is nothing but a deliberate action only with a view to humiliate and harass the petitioner and his family.

It further appears from the impugned order that the complainant is living in her in-laws house and she is an elected Ward Member. In paragraph No. 14 of the petition, it has been stated that petitioner is willing to live with the complainant with full love and affection and the complainant is residing in the house of the petitioner situated at Patna which has been purchased by late father of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Danapur, Patna, in connection with Complaint Case No. 1313(C) of 2019, subject

Patna High Court CR. MISC. No.16150 of 2020(6) dt.08-03-2021 3/3 to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Prabhat Kumar Singh, J) Saif/- U T