Santosh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32501 of 2023 Arising Out of PS. Case No.-621 Year-2019 Thana- COMPLAINT CASE District- Banka ====================================================== Santosh Kumar Das, aged about 40 years, (Male), Son of Bal Krishna Das, Resident of Village- Tulasikita, P.S. Pathargama, District- Godda (Jharkhand) At present resident of Village- Barhauna, P.O. and P.S.-Godda (Jharkhand) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rupa Devi, aged about 30 years (Female) Wife of Santosh Kumar Das Resident of Village- Tulasikita, P.S. Pathargama, District-Godda (Jharkhand) At present Address- Rupa Devi, daughter of Shiv Narayan Harijan, resident of Village- Gorgama, P.S.-Bounsi, District-Banka Mob No. 8809073252 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Despite opportunity granted, no one appears on behalf of the complainant.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner apprehends arrest in connection with Complaint Case No. 621 of 2019 instituted for offence punishable under Sections 341, 323, 379, 498(A), 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. As per the complaint case, the petitioner used to torture the complainant due to non-fulfillment of demand of

Patna High Court CR. MISC. No.32501 of 2023(3) dt.30-08-2023 2/2 dowry.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has never tortured the complainant. The allegation against the petitioner is general and omnibus in nature. The complainant has already married with one Rajesh Das and she herself not wanted to lead conjugal life with the petitioner. The petitioner has no criminal antecedent.

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

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Banka in Complaint Case No. 621 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T