Ratan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49728 of 2024 Arising Out of PS. Case No.-14 Year-2015 Thana- MAHILA P.S. District- Saharsa ====================================================== Ratan Ray S/O Indranand Ray R/O Mohalla- Refugee Colony, Ward No. 6, Bangaon Road, P.S- Bangaon, Distt.- Saharsa.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Neeta Kumari D/O Sri Binod Kumar Jha R/O Village- Silet, P.S- Sourbazar, Distt.- Saharsa.

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 379 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and being husband, has been falsely implicated in the instant case by the informant. It is next submitted that parents of the petitioner along with others had moved this court seeking quashing of the FIR by filing Cr. Misc No. 30269 of 2015 and the same was allowed by

Patna High Court CR. MISC. No.49728 of 2024(2) dt.05-09-2024 2/3 an order dated 27-7-2023, further in the order dated 27-7-2023, a specific plea was taken that OP No. 2 has performed her second marriage. It is next submitted that petitioner had also filed Divorce Case No. 13 of 2015 in the court of learned Principal Judge, Family Court, Saharsa in which OP No. 2 appeared and took a categorical stand that she does not want to lead her conjugal life with the petitioner, accordingly divorce was granted by an order dated 22-6-2017 (Annexure-3). Learned counsel further submits that OP No. 2 now has performed her second marriage and she had taken a specific stand in the divorce case that she does not intend to continue her marital relation with the petitioner.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Saharsa Mahila

Patna High Court CR. MISC. No.49728 of 2024(2) dt.05-09-2024 3/3 P.S. Case No. 14 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T