Dinesh Kumar @ Devraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45434 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- MAHILA P.S. District- Munger ====================================================== DINESH KUMAR @ DEVRAJ S/O RAJENDRA MAHTO Resident of Rikabganj Lal Bag, P.S.- Tatarpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

NIKU KUMARI NITU W/O DINESH KUMAR @ DEVRAJ AND D/O RAM PYAR SINGH Resident of village- Gonai, P.S.- Hawelim Kharagpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 I.A. No. 01/2023 has been filed on behalf of the petitioner stating that O.P. No.2 is residing with her mother at her parental house and noticed issued to O.P. No.2 received by her mother may be treated to be validly service. In view of aforesaid submission, service of notice on O.P. No.2 is deemed to be validly served.

I.A. No. 01/ 2023 stands allowed.

Heard learned counsels for the petitioner, and learned A.P.P. for the State. Nobody appears on behalf of O.P. No.2. The petitioner is apprehending his arrest in connection with Mahila PS Case No. 37 of 2021 for the offence registered under Sections 323, 494, 498(A) and some other ancillary

Patna High Court CR. MISC. No.45434 of 2022(4) dt.24-04-2023 2/3 Sections of the I.P.C. and 3/4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the 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. Petitioner has got clean antecedent.

On behalf of the learned counsels for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.45434 of 2022(4) dt.24-04-2023 3/3 like amount each to the satisfaction of Judicial Magistrate, 1st class, Munger in connection with Mahila case No. 37/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T