Anil Kumar Pal @ Anil Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36774 of 2024 Arising Out of PS. Case No.-511 Year-2014 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Anil Kumar Pal @ Anil Pal Son of Dharmdeo Pal At Present Resident Of Mohalla- Charitraban, Teacher Colony Ward No.- 2, P.S.- Buxar Nagar, District-Buxar. Permanent Address Resident of Village- Baradhi, P.O.- Panjrao, P.S.- Nuaon. District- Kaimur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Kumari Wife of Anil Kumar Pal, Daughter of Umashankar Pal, Resident of Village- Baradhi, P.S.- Nuaon. District- Kaimur. At Present Address, Resident of Mohalla - Pandey Patti, P.S.- Buxar (M), DistrictBuxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. It is alleged that the marriage of the opposite party no. 2/complainant and this petitioner was solemnized in the year 2012. After sometime of marriage, this petitioner along with his family members started demanding dowry and due to nonfulfillment of the same, the accused persons tortured and

Patna High Court CR. MISC. No.36774 of 2024(6) dt.22-03-2025 2/3 harassed the complainant. It is further alleged that on 11.04.2013, all the accused persons ousted the complainant from her matrimonial house after snatching her cloths and ornaments.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the marriage between the parties was held in 2012 and the complainant herself was not residing with the petitioner in her matrimonial house and has been residing separately since 2013 without any reasonable cause. In this regard, the petitioner has filed Matrimonial Case No. 17 of 2014 under Section 9 of the Hindu Marriage Act for restitution of the conjugal rights and despite the order dated 08.03.2017, the complainant failed to join the petitioner to live the conjugal life. It is next submitted that although in Maintenance Case No. 46(M) of 2014, the concerned Court has granted Rs.

7,000/- per month as maintenance amount for the maintenance of the complainant, however, on the departmental instruction, the petitioner is paying Rs. 20,000/- per month to the complainant. The petitioner is ready to keep his wife with full honor and dignity. Petitioner has got no criminal antecedent and he undertakes to cooperate in the disposal of the trial.

Patna High Court CR. MISC. No.36774 of 2024(6) dt.22-03-2025 3/3

5. Learned A.P.P. for the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Buxar, in connection with Complaint Case No. 511C of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Dutta Mishra, J) utkarsh/- U T