Sanjay Kumar Verma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6985 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -MAHILA PS District- JEHANABAD ====================================================== Sanjay Kumar Verma, S/o Rajballabh Prasad Verma, Resident of VillageMohanpur, P.S.- Nalanda, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rinku Kumari, W/o Sanjay Kumar Verma, D/o Surya Prasad Verma, Resident of Village- Jaytipur (Kurna), P.S.- Ghosi, Distt- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Opposite party no.2.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Jehanabad (Mahila) P.S. Case No. 50 of 2016 for the offences punishable under sections 341, 498 A and 406/34 of the I.P.C.
The informant Rinku Kumari was married to the petitioner on 01.06.2009 and after the marriage the petitioner and other in-laws started demanding Rs. 2,50,000/- by way of dowry and due to non fulfillment she was tortured and assaulted. However, the informant lived in the in-laws house for 1-2 years
Patna High Court Cr.Misc. No.6985 of 2017 (6) dt.01-05-2017 2/3 and gave birth of a female child but the torturous act of the in-laws increased and then the case was filed under the Domestic Violence Act in the court of Jehanabad and the informant went in her inlaws house in the month of March for some time and they kept peacefully. The informant became pregnant and then her husband and other in-laws started abusing and assaulting her and demanded the amount of Rs. 2,50,000/- and ultimately ousted her from the in-laws house after assaulting.
Submission is of false implication and that there is no specific allegation against the petitioner, the allegations are omnibus and general in nature, the petitioner has never demanded anything from the informant, the informant is a quarrelsome lady and she always used to quarrel, the life of the petitioner has become hell, the petitioner has filed divorce case and after filing of that divorce case this case has been lodged and as such the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the opposite party no.2 opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner has committed assault and torture against the informant and during investigation the witnesses have supported the same. In the facts and circumstances as stated above,
Patna High Court Cr.Misc. No.6985 of 2017 (6) dt.01-05-2017 3/3 considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Jehanabad. (Jitendra Mohan Sharma, J) Abhay/- U T