Deepak Sah @ Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40311 of 2024 Arising Out of PS. Case No.-344 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== DEEPAK SAH @ DEEPAK KUMAR S/O LATE MAHENDRA SAH R/O VILLAGE- BHATNI BAZAR, WARD NO. 06, P.S- KUMARKHAND, DISTT.- MADHEPURA.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
LALITA DEVI W/O DEEPAK SAH @ DEEPAK KUMAR R/O VILLAGEBHATTNI BAZAR, WARD NO. 06, P.S- KUMARKHAND, DISTT.- MADHEPURA, PRESENTLY, D/O LATE JEEVACH SAH, R/O VILLAGE- PAHARI TOLA, KHUTAUNA, P.S- LAUKAHA, DISTT.- MADHUBANI.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Jitendra Kumar Bharti, Advocate For the State :
Mr. Satyendra Prasad, APP For Opposite Party No.2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.
3. The petitioner apprehends arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
4. The case of the complainant in short is that complainant got married with this petitioner on 19.07.2017 as per Hindu rites and customs and at the time of marriage, her
Patna High Court CR. MISC. No.40311 of 2024(3) dt.14-08-2024 2/3 parents had gifted articles worth Rs. 5,00,000/-, gold jewellery and a motorcycle. Thereafter, the complainant went to live at her matrimonial house. Thereafter, this petitioner and other named accused persons started demanding dowry and due to nonfulfillment of the same, they committed torture and harassment and lastly, ousted the complainant from her matrimonial house.
5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
7. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.40311 of 2024(3) dt.14-08-2024 3/3 the prayer for grant of anticipatory bail to the petitioner is allowed.
8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned Judicial Magistrate, First Class, Jhanjharpur, Dist.- Madhubani, in connection with C.R. Case No. 344 of 2021 (T.R. No. 974 of 2022), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T