Jitendra Kumar @ Loha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6637 of 2017 Arising Out of Case No. -47 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Jitendra Kumar @ Loha, son of Mallu Kuamr, resident of village- Sindicate, Buxar, P.S.- Buxar, District- Buxar.

.... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 47 of 2016 instituted under Sections 498A and 323/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Allegation, in brief, is that the petitioner, being the husband, used to torture and harass the daughter of the complainant for realizing a motorcycle and Rs. 40,000/- in cash for doing business.

Submission is that the complainant is in the habit of lodging false case under Section 498A of the Indian Penal Code and earlier also in the year 2009, he had lodged a case under Section 498A of the penal code against one Bhola Ram and others,

Patna High Court Cr.Misc. No.6637 of 2017 (2) dt.22-02-2017 2/2 vide complaint case No. 394 of 2009, alleging that his daughter Chanda Devi got married to Bhola Ram and after marriage he used to demand dowry but Bhola Ram has filed a case for restitution of his conjugal rights in the Family Court, Buxar, and complainant's daughter has not taken divorce from Bhola Ram and has filed present case alleging demand of dowry and torture in that connection, moreover, the petitioner has no any criminal antecedent.

Having considered the aforesaid facts and circumstances, let the petitioner namely Jitendra Kumar @ Loha in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, District- Rohtas in connection with Complaint Case No. 47 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U