Krishna Kumar Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21159 of 2024 Arising Out of PS. Case No.-122 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== KRISHNA KUMAR TRIPATHI S/O LATE BYALENDRA BHUSHAN TRIPATHI @ VYALENDRA BHUSHAN TRIPATHI R/O VILLAGEBISHUNPUR HORIL, P.S- BARURAJ, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

1 .

THE STATE OF BIHAR 2.

PUJA TRIPATHI W/O KRISHNA KUMAR TRIPATHI, D/O DAYA SINDHU PANDEY R/O VILLAGE- SAHIBAN TOLA, NEAR EDUCATIONAL COLONY, P.S- K.HAT, DISTT.- PURNEA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the victim, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code . 3 . As per complaint, the complainant solemnized marriage with this petitioner in the year 2006, when she went to her matrimonial house, she was subjected to torture and cruelty by this petitioner and other in-laws family members due to nonfulfillment of demand of dowry and lastly, she leave her

Patna High Court CR. MISC. No.21159 of 2024(4) dt.11-09-2024 2/2 matrimonial house and had gone to Purnea with her father.

4. Learned counsel for the petitioner, while denying the allegations made in the Complaint, submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the victim. However, he is ready to keep the victim with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 . Petitioner claims clean antecedent.

5 . Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Purnea in connection with CA Case No. 122 of 2021 , subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T