Kumar Gaurav @ Gaurav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47107 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Kumar Gaurav @ Gaurav Son of Dilip Singh R/O L-107, Saurav Vihar, P.S.- Badarpur, Dist.- South Delhi-110044 ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Moni Kumari D/O Uma Shankar Prasad Singh R/O Police Colony, New Paharpur, Kevin Gali, Near D.M. Kothi, Anishabad, P.O.- Gardanibagh, P.S.- Gardanibagh, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Saket Tiwary, Advocate For the State :
Mr. Anand Kishore Choudhary, APP For the O.P.-2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.
2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.
4. While denying the allegations made in the complaint petition, learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.47107 of 2024(5) dt.03-01-2025 2/2 petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. As a matter of fact, petitioner never demanded any dowry or committed torture with opposite party no. 2 and is still ready to keep the opposite party no. 2, as his wife, with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further relied upon the 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.
5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of eight 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 learned S.D.J.M., Patna in connection with Complaint Case No. 217 of 2022, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T