Naval Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45963 of 2021 Arising Out of PS. Case No.-225 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== NAVAL KISHORE S/O SRI RAJVANSH LAL, R/o village- Khilanganj, Sasaram, P.S.- Sasaram, Distt.- Rohtas, Bihar- 821115. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Juhi Devi @ Anita Devi W/o Nawal Kishore, D/o Sri Awadhesh Lal VillageDaulatpur, Post- Daulatpur, P.S.- Koilwar, Distt.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Mishra For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-06-2022 The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 225/2018 registered for offence punishable under sections 323, 498(A), 406, 419, 420, 373, 312, 504, 506, 120(b)/34 of the Indian Penal Code, section 7 of the Immoral Traffic (Prevention) Act, 1956 and section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.45963 of 2021(4) dt.29-06-2022 2/3 As per allegation, the marriage of the complainant was solemnized with the petitioner in the year 2017. The customary presents were given at the occasion of the marriage. The accused persons demanded Rs. 2,00,000/- from the complainant as dowry. The marriage was solemnized on misrepresentation that the petitioner was in service. She was subjected to cruelty for non-fulfillment of that demand.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he is ready to keep the victim with full dignity and honour. For restitution of conjugal rights, the petitioner has also instituted a suit in the court of learned Principal Judge, Family Court, Rohtas, at Sasaram. The notice was issued to the complainant, but service report shows that she has refused to receive the notice.

The petitioner has already filed a case for restitution of conjugal rights and he also reiterated that he is ready to keep the victim with full dignity and honour, but the complainant has refused to take the notice.

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

Patna High Court CR. MISC. No.45963 of 2021(4) dt.29-06-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in connection with Koilwar P.S. Case No. 225/2018, 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