Patna High CourtCR. MISC./43913/2023bail rejected

Om Prakash Kumar v. The State Of Bihar

2023-08-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43913 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- KARPI District- Jehanabad ====================================================== OM PRAKASH KUMAR son of Sakaldeo Singh @ Sakaldeo Yadav VillageMotichak Ps- Karpi Sahartelpa Dist- Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023

1. None appears for the petitioner. Learned APP for the State is present.

2. The petitioner apprehends his arrest in connection with Karpi (Sahartelpa) P.S. Case no. 64 of 2023 registered under sections 498A, 494, 341, 323, 504, 506 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the informant was married to the petitioner in the year 2017. It is stated that the accused persons including the petitioner herein started to torture the petitioner for non-fulfillment of demand of dowry to the tune of Rs. 4 lacs. She was assaulted and finally her husband entered into a second marriage.

4. From the contents of the petition it transpires that

Patna High Court CR. MISC. No.43913 of 2023(2) dt.22-08-2023 2/2 the case of the petitioner is that he has been falsely implicated in the case. No offence as alleged in the FIR has been committed. No independent witness has supported the prosecution case in course of investigation. The informant is living in her naihar out of her own free will. She has also filed a matrimonial case in the family Court at Patna.

5. Heard learned APP for the State.

6. Having heard learned APP for the State and having perused the material on record, in view of the direct allegation in the FIR of demand of dowry to the tune of Rs. 4 lacs, allegation of physical and mental torture against this petitioner who happens to be the husband of the informant together with the allegation of his having entered into a second marriage, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

(Partha Sarthy, J) Prakash/- U