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Patna High CourtCR. MISC./24690/2024allowed

Pankaj Kumar v. The State Of Bihar

2024-07-31Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24690 of 2024 Arising Out of PS. Case No.-617 Year-2014 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Pankaj Kumar, S/o Abdhesh Singh, R/o Village- Hahapur, P.S.- Kauwakol, District-Nawada ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Pooja Kumari, W/o Pankaj Kumar, D/o Ram Lekha Singh, R/o Vill.- Hamidpar Bara, P.S.- Narhat, Post- Hasapur, Distt.- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parashuram Singh, Advocate For the Opposite Party/s :

Mr. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 617 of 2014 registered for the offences punishable under Sections 498 A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per the complaint case, the complainant was married with the petitioner on 12.05.2011, as per Hindu rites and rituals. The allegation against the accused persons including the petitioner is that they started torturing the complainant for demand of dowry and ousted her from her matrimonial house.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24690 of 2024(3) dt.31-07-2024 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner has never demanded any dowry nor torture the complainant and he is always ready to keep her with full honour and dignity and in this regard he has filed matrimonial case for restitution of conjugal life which was allowed in favour of the petitioner but the complainant refused to live with the petitioner. Learned counsel for the petitioner further submits that despite the valid service of notice upon O.P. No. 2, complainant has not appeared in the case. The petitioner undertakes to co-operate in the trial of the case. Petitioner has no criminal antecedent.

5. Learned counsel for the A.P.P of the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 617 of 2014, subject to the conditions as

Patna High Court CR. MISC. No.24690 of 2024(3) dt.31-07-2024 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T