Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45122 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- MAHILA PS District- Jehanabad ====================================================== SHYAM KUMAR S/O RAMNARAYAN MAHTO, R/o village and P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR AND ANOTHER.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner. None appeared on behalf of opposite party No. 2 despite the fact that the notice was personally served on her on 07.01.2022. The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No. 8 of 2021 registered for offence punishable under sections 341, 323, 498A, 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act. As per allegation, the marriage of the couple was solemnized in the year 2018. The couple were blessed with a male child, but when the informant was again in the stage of pregnancy, she was ousted from her matrimonial house due to non-fulfillment of dowry demand of Rs.2,00,000/-.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.45122 of 2021(4) dt.08-08-2022 2/2 the petitioner has tried his level best to keep the informant with full dignity and honour, but she is not ready to reside with him. He has submitted further that the petitioner filed a suit for restitution of conjugal rights, but opposite party no. 2 never appeared in that case. Her apathy in restoration of conjugal rights is apparent, as she has received notice in the month of January, 2022, but as yet she never turned up.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 8 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T