Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47423 of 2024 Arising Out of PS. Case No.-305 Year-2021 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Dilkhush Kumar, Son of Naresh Sah @ Naresh Kumar Sah, Resident of VillSigheshar, Ward No. 02, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kumari Juli @ Juli Devi @ Juli Kumari Wife Of Dilkhush Kumar Daughter Of Bablu Sah Resident Of Vill- Sigheshar, Ward No. 02, P.S.- Madhepura, District- Madhepura, Presently Residing At Vill- Kashipur, Ward No.- 02, Murliganj, P.S.- Murliganj, District- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Rajesh Kumar Mr. Uday Chand Prasad Mr. Niraj Kumar Ms. Pooja Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the complainant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Complaint Case No.305 of 2021 registered for the offences punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code.

3. The learned counsel appearing on behalf of the opposite party no.2 submits that the case was taken up on 27.08.2024, when an undertaking was given on behalf of the

Patna High Court CR. MISC. No.47423 of 2024(3) dt.02-09-2024 2/3 petitioner that petitioner intends to keep the opposite party no.2 with honour and dignity and hence, would go to the parental home of the opposite party no.2 on 30.08.2024 to fetch her back to her matrimonial home, but then, it is submitted that petitioner never came to the parental home of the opposite party no.2, though opposite party no.2 was ready and willing to accompany the petitioner.

4. The learned counsel appearing on behalf of the petitioner submits that he had gone to the house of the opposite party no.2 on 30.08.2024, but then, he was abused by the opposite party no.2 and her family members, as such, he was not able to bring her back to her matrimonial home, on which the learned counsel appearing on behalf of the opposite party no.2 submits that a false submission has been made. It is next submitted that it is asserted that petitioner never came to the parental home of the opposite party no.2 for fetching her back. It is also submitted that had the petitioner come to the house of the opposite party no.2 for fetching her back, in that event, at least he would have made a video of the occurrence of abuse as being alleged, but then, that is not the case, which amply demonstrates that only for the purposes of seeking stay, a false undertaking was given to the Court that petitioner intends to keep the

Patna High Court CR. MISC. No.47423 of 2024(3) dt.02-09-2024 3/3 opposite party no.2 with honour and dignity.

5. Considering the submissions made by the learned counsel appearing on behalf of the opposite party no.2, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

6. Accordingly, the prayer of the petitioner for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T