Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48115 of 2021 Arising Out of PS. Case No.-869 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== PRITAM KUMAR S/o SRI RAJENDRA NARAYAN BISHWAS R/o VILLAGE-KHAWASPUR, WARD No.4, P.S-SIMARAHA, DISTRICTARARIA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SUSHMITA BISHWAS D/o SRI NARESH BISHWAS R/o VILLAGEPURNEA COURT STATION ROAD, P.S-K.HAT, DISTRICT-PURNEA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 869 of 2019, registered for the offences punishable under Section 498(A) of the Indian Penal Code. As per allegation, the complainant was married to the petitioner in 2009. The accused persons were not happy with the customary presents given at the occasion of marriage and they demanded Rs. 5,00,000/- cash in dowry. Due to non-fulfillment of the same, they subjected her to atrocities.

Patna High Court CR. MISC. No.48115 of 2021(5) dt.11-10-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, the informant has solemnized her second marriage and she is not willing to reside with the petitioner. He has submitted further that the notice was sent to the complainant which was served on her personally but she did not appear.

In order to explore possibility of amicable resolution of the dispute, a notice was sent to the complainant that was served personally on her but none appeared on her behalf. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 869 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-sonali U T