Shakti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49937 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHAKTI KUMAR Son of Ramdev Prasad R/o Village - Pataura Godhwa, P.S.- Mufassil, District - East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Namita Kumari Wife of Shakti Kumar R/o Village - Koiriya Tola, P.S.- Raxaul, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi, Adv.
For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2022 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No.240 of 2020 registered under Sections 498A, 406, 307, 323 and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act and cognizance has been taken under Section 498A of the I.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that despite the decree for restitution of conjugal rights, opposite party no.2 refused to live with the petitioner as is evident from Annexure P/2 and even after filing of divorce case by opposite party no.2, which is still pending, the present
Patna High Court CR. MISC. No.49937 of 2021(4) dt.18-04-2022 2/2 complaint case has been filed as is evident from Annexure P/3. Having considered the above facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Complaint Case No.240 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
Harish/- (Arvind Srivastava, J) U T