Dablesh Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34918 of 2024 Arising Out of PS. Case No.-1536 Year-2022 Thana- COMPLAINT CASE District- Jamui ====================================================== Dablesh Tanti Son of Anandi Tanti Resident of Village- Pirhinda, P.SSikandra, Dist- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Nilam Devi Wife of Dablesh Tanti Resident of Village- Pirhinda, P.SSikandra, Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Umesh Prasad For the State :
Mr. Sanjay Kumar Singh For the O.P.-2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2024 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 opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498A of the Indian Penal Code.
3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.
4. While denying the allegations made in the complaint petition, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. He
Patna High Court CR. MISC. No.34918 of 2024(4) dt.19-08-2024 2/2 never committed any torture with opposite party no. 2 or demanded any dowry and is still ready to keep the opposite party no. 2 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 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 S.D.J.M., Jamui in connection with Complaint Case No. 1536-C of 2022, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T