Punit Mawar @ Biku @ Puneet Mawar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43846 of 2023 Arising Out of PS. Case No.-434 Year-2016 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Punit Mawar @ Biku @ Puneet Mawar Son Of Phool Raj Resident Of 6/ Galf Course Scheme, Air Force Area, Po- Jodhpur, Ps- Ratanara, District- Jodhpur (RAJASTHAN) ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Punam Prajapat @ Tinu Wife Of Punit Mawar @ Biku @ Puneet Mawar Resident Of Arsar Bash Near Shyam Mandir, Po- And District- Sri Dagrugadh, District- Bikaner (RAJASTHAN) At Present R/O Dahipathi Road, Ps- Kisanganj, District- Kishanganj ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Amal Kumar Sinha, Advocate For the Opposite Party :
Mr.Sanjay Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and the State. Nobody appears for opposite party no.2 in spite of valid service of notice.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A, 323/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner along with other family members committed torture on the informant's daughter due to non-fulfilment of dowry demand. Accused persons also snatched ornaments of opposite party no.2.
4. Learned counsel appearing for the petitioner while denying the allegations, submits that as a matter of fact opposite party no.2 is highly educated and petitioner is simple graduate and she wants divorce with high rate of alimony. However, he is ready to keep the victim in matrimonial house with honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @
Patna High Court CR. MISC. No.43846 of 2023(7) dt.19-06-2024 2/2 Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the Sub Divisional Judicial Magistrate, Kishanganj in Complaint Case No. 434C/2016, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T