Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38167 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Santosh Kumar S/O Kusheshwar Thakur @Kureshwar Thakur R/O VillageGodhna, ward no. 06, P.S. Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuradha Kumari W/o-Santosh Kumar, D/o-Rajendra Thakur, Presently residing at maika Village namely-Kharmauli PO and PS- Birpur DistBegusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

19-09-2024 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 case registered for the offence under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against petitioner is that he assaulted informant and so, informant called police and when police party came, petitioner fled away from the spot and informant produced the bag of this petitioner and on search, 181⁄2 bottles each containing 750 ml. (total 13.875 liters) of foreign liquor was recovered.

Patna High Court CR. MISC. No.38167 of 2024(5) dt.19-09-2024 2/2

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to family feud. Petitioner happens to be husband of opposite party no. 2 and he never committed torture with her for dowry. No incriminating article has been recovered from the possession of this petitioner. The entire prosecution case is false and concocted. However, petitioner is still ready to keep the informant with full honour and dignity. Moreover, the case is triable by the learned Magistrate. Petitioner is an Army personnel and presently posted at Tejpur (Assam).

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of twelve 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 Exclusive Special Excise Judge - I, Begusarai in connection with Bachhwara P.S. Case No. 77 of 2024, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T