Sharwan Kumar Das @ Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42756 of 2023 Arising Out of PS. Case No.-193 Year-2020 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Sharwan Kumar Das @ Sharwan Kumar Son of Homi Ravidas Resident of village-Dir Mowara, P.S.-Roh, District-Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Karina Kumari Wife of Sharwan Kumar Das @ Sharwan Kumar, Daughter of Shivrtan Ravidas Resident of village-Balpot, P.S.-Pakribarnwa, DistrictNawada ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80396 of 2023 In CRIMINAL MISCELLANEOUS No.42756 of 2023 Arising Out of PS. Case No.-193 Year-2020 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Sharwan Kumar Das @ Sharwan Kumar Son Of Homi Ravidas Resident Of Village - Dir Mowara, P.S. - Roh, District - Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Karina Kumari Wife Of Sharwan Kumar Das @ Sharwan Kumar, Daughter Of Shivrtan Ravidas Resident Of Village - Balpot, P.S. - Pakribarnwa, District - Nawada ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 42756 of 2023) For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 80396 of 2023) For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Despite valid service of notice, nobody appears on

Patna High Court CR. MISC. No.42756 of 2023(3) dt.21-06-2024 2/3 behalf of the O.P. No. 2.

2. Heard learned counsel for the petitioner and the State.

3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 498(A), 323, 504 of the Indian Penal Code.

4. As per complaint case, all the named accused persons including this petitioner tortured and harassed the complainant due to non-fulfillment of demand of dowry.

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. 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.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

Patna High Court CR. MISC. No.42756 of 2023(3) dt.21-06-2024 3/3

7. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that 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, 1st Class, Nawada in connection with Complaint Case No. 193 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T