Ramanandi Mukhiya @ Ram Anandi Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52896 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== RAMANANDI MUKHIYA @ RAM ANANDI MUKHIYA SON OF BHIKHARI MUKHIYA RESIDENT OF VILLAGE- DHODHANA MAJHAULIYA, WARD NO 08, PS- DUMRA, DIST -SITAMARAHI ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SHANTI DEVI WIFE OF RAMANANDI MUKHIYA RESIDENT OF VILLAGE- DEMA, PS- PARSAUNI, DISTT- SITAMARHI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ayush Kumar, Advocate For the State :
Ms. Meena Singh, APP For Opposite Party No.2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.
3. The petitioner apprehends arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
4. Case of the complainant in brief is that complainant was married with this petitioner on 02.06.2010 as per Hindu rites and rituals and after one year of marriage, this petitioner started harassing and torturing her, due to which she filed a case
Patna High Court CR. MISC. No.52896 of 2023(7) dt.02-09-2024 2/3 but the mater was compromised on the basis that this petitioner would treat her with respect. However, after compromise, all the accused persons, including this petitioner, again started harassing the complainant due to non-fulfillment of demand of dowry and ultimately, on 27.02.2022, she was ousted from her matrimonial house.
5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, 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. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
7. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.52896 of 2023(7) dt.02-09-2024 3/3 the prayer for grant of anticipatory bail to the petitioner is allowed.
8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, 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 Judicial Magistrate 1st Class, Sitamarhi, in connection with Sitamarhi Complaint Case No. 247 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T