Ajit Tiwari @ Ajit Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19752 of 2022 Arising Out of PS. Case No.-122 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== AJIT TIWARI @ AJIT KUMAR TIWARI S/o Sudama Tiwari R/o villageBahuari Jogia, P.S.- Ram Nagar, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Devi W/o Ajit Tiwari @ Ajit Kumar Tiwari, D/o Udaybhan Shukla R/o village- Basgawn, P.S.- Bhairoganj, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-02-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 122C of 2019, registered for the offences punishable under Sections 498A, 34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

As per allegation, the marriage of the complainant was solemnized with the petitioner in the year 2008. The accused persons tortured her for non-fulfillment of dowry demand of Rs. 2 lacs. The learned counsel for the petitioner has submitted that the entire allegation is false. As a matter of fact, the petitioner wants

Patna High Court CR. MISC. No.19752 of 2022(6) dt.04-02-2023 2/2 to keep the complainant with full dignity and honour, but she herself does not willing to reside with the petitioner. He has submitted further that the petitioner has filed a case for restitution of conjugal rights in Matrimonial Case No. 229 of 2019 in Principal Judge Family Court, Bettiah, but the complainant did not appear in that matrimonial case.

Here also, notices were sent. It was received by father of the complainant, but none appeared.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Complaint Case No. 122C of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Nirmal U T