Biteshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43169 of 2024 Arising Out of PS. Case No.-6037 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Biteshwar Kumar Son of Late Ramanuj Singh Resident of Village - Narbirpur, P.S.- Chandi, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari Wife of Biteshwar Kumar Daughter of Ram Niwash Verma, Resident of Village - Arap, P.S. - Bikram, District - Patna. At Present Residing at Village - Bochachak, P.O. and P.S. - Phulwari Sharif, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the O.P. No.2 : Mr. Shiw Kumar Prabhakar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no.2.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The petitioner in association with other coaccused is said to have tortured the opposite party no.2 and lastly ousted her from the matrimonial home on non-fulfillment of demand of dowry.

4. Earlier the petitioner had filed an anticipatory bail application before this Court and by order dated 11.08.2023

Patna High Court CR. MISC. No.43169 of 2024(2) dt.07-08-2024 2/3 passed in Cr.Misc. No.51344 of 2023, the petitioner was granted provisional bail for a period of four weeks and the learned court below was directed to confirm the bail bonds of the petitioner after verifying the fact that complainant is living with the petitioner with full honour and dignity but the complainant/ opposite party no.2 did not ready to live with him and thus the bail bonds of the petitioner was cancelled. Hence, this regular bail application.

5. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has neither tortured the opposite party no.2 nor ousted her from the matrimonial home rather the opposite party no.2 has left the matrimonial home out of her sweet will and lodged this case against him. The petitioner has no criminal antecedent and has been languishing in custody since 29.02.2024.

6. Learned APP for the State assisted by learned counsel for the opposite party no.2 opposed the bail petition.

7. Considering the facts and circumstances of the case and the period of custody, the above named petitioner is

Patna High Court CR. MISC. No.43169 of 2024(2) dt.07-08-2024 3/3 directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.6037 (C) of 2022.

(Anjani Kumar Sharan, J) Trivedi/- U