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Patna High CourtCR. MISC./27920/2024bail granted

Barmeshwar Jee Verma v. The State Of Bihar

2024-07-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27920 of 2024 Arising Out of PS. Case No.-1114 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== BARMESHWAR JEE VERMA S/O RAMBHAJAN SETH @ RAMBHAJAN VERMA @ RAMBHAN SETH R/O VILLAGE- BARE (NEAR PANI TANKI), P.S- GAHMAR, DISTT.- GAZIPUR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

INDU DEVI W/O BAMESHWAR JEE VERMA R/O VILLAGE- BARE, P.S- GAHMAR, DISTT.- GAZIPUR, AT PRESENT ADDRESSDAUGHTER OF MADAN VERMA, VILLAGE- NEAR BADKI SARIMPUR BANDH, P.S- BUXAR (INDUSTRIAL).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 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 opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 147, 148, 323, 379, 498(A), 34 of the Indian Penal Code.

3. As per complaint, the complainant was married with this petitioner in the year 2013 and after the marriage, when she went to her matrimonial house, she was subjected to torture and harassment by this petitioner and other in-laws family

Patna High Court CR. MISC. No.27920 of 2024(3) dt.09-07-2024 2/3 members due to non-fulfillment of demand of dowry and lastly, she was ousted from her matrimonial house.

4. Learned counsel for the petitioner, while denying the allegations made in the complaint petition, submits that petitioner has been falsely implicated in this case merely because he is husband of the opposite party no. 2. However, he is ready to keep the opposite party no. 2 with full honour and dignity. He further submits that Matrimonial case No.364 of 2023 has been filed for restitution of conjugal rights. It is further submitted that he is ready to bear all expenses of his children and his daughter who is staying with him. 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 has got 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 Judicial Magistrate, Ist Class, Buxar, in connection with Complaint Case No. 1114(C) of 2022 , subject to the conditions,

Patna High Court CR. MISC. No.27920 of 2024(3) dt.09-07-2024 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) sanjeev/- U T