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Patna High CourtCR. MISC./31545/2024bail granted

Srikant Kumar v. The State Of Bihar

2024-08-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31545 of 2024 Arising Out of PS. Case No.-4 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== Srikant Kumar Son of late Babu Chandra Pandit Resident of village Godiha, P.S.- Hulasganj, District Jehanabad ... ... Petitioner/s

Versus

1 . The State of Bihar Patna

2. Munni Kumari wife of Srikant Kumar resident of village Navdiha P S Khizarsarai District Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2024 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 victim, apprehends his arrest in a case punishable for the offence under Sections 504, 379, 498(A), 506 and 34 of the Indian Penal Code .

3. As per F.I.R., the informant was married with this petitioner in the year 2014 and after the marriage, when she went to her matrimonial house, she was subjected to torture and cruelty by this petitioner and other in-laws family members due to non-fulfillment of demand of dowry and lastly, she was ousted from her matrimonial house .

Patna High Court CR. MISC. No.31545 of 2024(4) dt.14-08-2024 2/2

4. Learned counsel for the petitioner, while denying the allegations made in the F.I.R., submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the victim. However, he is ready to keep the victim with full honour and dignity. Moreover, the case is triable by the learned Magistrate. 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 claims 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 Sub-Divisional Judicial Magistrate Jehanabad in connection with Jehanabad Mahila P S Case No. 04 of 2022 , subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T