Dhanraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27919 of 2024 Arising Out of PS. Case No.-213 Year-2021 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Dhanraj Kumar S/o Suresh Prasad R/o Village Sanjay Nagar, Chotki Nawada, P.O. Delha, P.S. Delha, District Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajnandani W/o Dhanraj Kumar, D/o Late Lalbabu Kumar R/o Sakin Choti Yusufpur, P.O. - Hajipur, P.s. - Industrial Area, Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Despite valid service of notice, nobody appears on behalf of the O.P. No. 2.
2. Heard learned counsel for the petitioner and the State.
3. The petitioner apprehends arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.
4. As per prosecution case, the complainant was married with this petitioner on 19.05.2014 but when she went to her matrimonial house, all the named accused persons including this petitioner tortured and harassed the complainant for non-fulfillment of demand of dowry and ousted her from
Patna High Court CR. MISC. No.27919 of 2024(3) dt.01-07-2024 2/3 the matrimonial house.
5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. Petitioner never demanded any dowry from the complainant. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. But, as a matter of fact, the complainant does not want to live with the petitioner. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
7. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned
Patna High Court CR. MISC. No.27919 of 2024(3) dt.01-07-2024 3/3 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 213 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T