Premchand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45814 of 2024 Arising Out of PS. Case No.-440 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Premchand Kumar Son Of Ramsevak Mahato @ Ramsewak Varma Resident Of Village - Malwan, P.S. - Khudwan, District - Aurangabad (BIHAR) ... ... Petitioner/S

Versus

1.

The State of Bihar 2.

Kavita Devi Wife Of Premchand Kumar, Daughter Of Basant Mahto Presently Residing At Village - Dudhar, P.S. - Risiup, District - Aurangabad (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP For the Complainant :

Mr. Bachan Ji Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the complainant. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 379, 498A,/34 of IPC, 1860. 3.

Allegedly, petitioner (husband of the complainant) along with his family members harassed and ill-treated the complainant for demand of Rs. 3,00,000/- in dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. It is submitted that complainant has filed maintenance case no. 72 of 2024, wherein notice was issued to the petitioner and after his appearance, learned court vide order dated 09.03.2024 allowed complainant to withdraw

Patna High Court CR. MISC. No.45814 of 2024(4) dt.19-11-2024 2/2 said maintenance case no. 72 of 2024 on account of compromise entered in-between both parties on instance of learned court and their statements were recorded which is annexed as annexure 2 of supplementary affidavit. It is further submitted that petitioner has agreed to pay Rs. 3,000/- each month to complainant and to bring his wife back whenever she wishes and same is apperant from their statement recorded before learned Principal Judge, Family Court, Aurangabad, which is annexed as annexure 3 of the supplementary affidavit Petitioner has no criminal antecedent. 5.

Learned APP for the State and learned counsel for the complainant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.440 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T