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Patna High CourtCR. MISC./36384/2022bail rejected

Pankaj Kumar v. The State Of Bihar

2023-04-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36384 of 2022 Arising Out of PS. Case No.-583 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== PANKAJ KUMAR SON OF UMESH PRASAD GUPTA R/OCHITRAGUPT PATH, NEW JAKKANPUR, PATNA, P.S.- JAKKANPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KONIKA ANAND D/O LATE ANAND PRAKASH GUPTA, W/O PANKAJ KUMAR R/O DHOBI TOLA, MACHHUA TOIL, DANAPUR CANT, P.S.- DANAPUR, DISTRICT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur Mr. Shashi Bhushan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2023 Heard learned counsels for the petitioner, opposite party no. 2 and learned A.P.P. for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498(A)/ 506/ 34 of the I.P.C. and 3/4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has has falsely been implicated in the present case due to petty family dispute. There is no

Patna High Court CR. MISC. No.36384 of 2022(7) dt.25-04-2023 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. Petitioner has got clean antecedent.

Learned counsel for the State and the O.P. No.2 opposed the prayer for anticipatory bail and submitted that petitioner is husband of the victim and there is direct and specific allegation against him that he tortured his wife due to non-fulfilment of demand of dowry. Petitioner is also not ready to give maintenance to his wife.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T