Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37530 of 2023 Arising Out of PS. Case No.-805 Year-2022 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Ajay Kumar Son of Arvind Kumar Resident of village - Chhoti Lagma, P.S. - Dharhara, Distt. - Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Nibha Kumari wife of Ajay Kumar, daughter of Sattan Mahto resident of village- Maharna, Police Station- Dharhara, District- Munger, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2024 Heard Mr. Parmanand Pd. Nr. Sahi, learned counsel for the petitioner and Ms. Gulnar Begum, learned Additional Public Prosecutor for the State.
2. Pursuant to the order dated 22.08.2023, a notice was issued to the Opposite Party No. 2 by both process which has been duly received by the father of the Opposite Party No. 2 and the petitioner has filed a jointness petition that she is living with her father.
3. Despite of that, she has not chosen to appear before this Hon'ble Court.
4. The petitioner is apprehending his arrest in connection with Complaint Case No. 805C of 2022, Complaint petition dated 27.07.2022 for the offences punishable under
Patna High Court CR. MISC. No.37530 of 2023(5) dt.18-01-2024 2/3 Sections 323, 341, 494, 498A/34 of the Indian Penal Code.
5. According to prosecution case, all the accused persons including the petitioner have tortured the complainant due to non-fulfillment of demand of dowry.
6. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that he is the husband of the complainant. He further submits that from bare perusal of the complaint petition it appears that there is no specific allegation rather there is general and omnibus allegation against the petitioner and it has come during investigation that the complainant has performed marriage with one Vikash Kumar S/O Balbhadra Mahto.
7. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 Judicial Magistrate, Munger in connection with Complaint Case
Patna High Court CR. MISC. No.37530 of 2023(5) dt.18-01-2024 3/3 No. 805C of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T