Arjun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45470 of 2023 Arising Out of PS. Case No.-239 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== ARJUN RAM Son of Shri Ram Chandra Ram Resident of village - Barhara Manth, P.S.- Madhubani, Dist.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi Wife of Arjun Ram D/o Ashok Ram, Resident of village - Narkatiya, P.S.- Rajnagar, Dist.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shailendra Kumar Jha, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsels for the parties.

2. Despite valid service of notice, nobody appears on behalf of Opposite Party No. 2.

3. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

4. As per the prosecution case, all the F.I.R. named accused persons, including this petitioner, committed torture and harassment to informant/Opposite Party No. 2 due to nonfulfillment of demand of dowry.

5. It is submitted by learned counsel for the petitioner that the petitioner is husband of informant/Opposite Party No. 2. It is submitted that he never demanded any dowry and is ready

Patna High Court CR. MISC. No.45470 of 2023(3) dt.13-12-2023 2/2 to keep his wife. Petitioner claims clean antecedents. In this connection, learned counsel for the petitioner has relied upon a 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.

6. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail.

7. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned S.D.J.M., Dist.- Madhubani, in connection with Rajnagar P.S. Case No. 239 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T