Guddu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39905 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Guddu Ram aged about 37 years, Male, Son of Chhathu Ram, Resident of village Village- Pokhara, Post-Piya, P.S.- Sonhan, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mina Devi aged about 31 years, Female, wife of Guddu Ram, D/o Shyam Narayan Ram, Resident of village- Pokhara, Post- Piya, P.S. Sonhan, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Rajani Kant Pandey, learned counsel appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complainant Case No. 286 of 2022 District- Kaimur at Bhabua registered for the offence punishable under Sections 323, 341, 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the allegation made by the wife of the petitioner, the petitioner had started demanding motorcycle as dowry after few months of marriage and for non-fulfillment of the same, he had started torturing her.

Patna High Court CR. MISC. No.39905 of 2023(2) dt.28-07-2023 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is ready to live along with the complainant, who is his legally wedded wife and he will also fulfill all physical and financial requirement and he will file an affidavit to that effect before the Court below. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State submitted that the matter relates to dispute between husband and wife and that can be resolved amicably.

6. Considering the nature of allegation made against the petitioner, the petitioner is directed to file an affidavit making specific undertaking that he is ready to keep the complainant, who is his legally wedded wife with full dignity and honour and will also fulfill all physical as well as financial requirement to her.

7. In case such affidavit is filed, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.39905 of 2023(2) dt.28-07-2023 3/3 Magistrate, Kaimur at Bhabua, in connection with Complainant Case No. 286 of 2022 District- Kaimur at Bhabua, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Niraj/- U T