Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47625 of 2024 Arising Out of PS. Case No.-771 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Raushan Kumar S/O Dukhran Sahni @ Dukhharan Sahni Resident of villageMadhuwan, Ajana Kalyanpur, P.S- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Kumari W/O Raushan Kumar, D/O Harishchandra Sahni R/O Presently At Village- Dholi Sakra, Ward No. 2, P.S- Sakra, Distt.- Muzaffarpur.

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner apprehends his arrest in connection with Complaint Case No. 771 of 2023, T.R. No. 2627 of 2024 offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

4. As per complaint case, allegation against the petitioner is of matrimonial cruelty and demand of dowry.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner happens to be husband of the complainant and present case has been lodged due to petty

Patna High Court CR. MISC. No.47625 of 2024(3) dt.23-09-2024 2/2 family dispute. Allegation of assault and demand of dowry is general and omnibus. It is further submitted that petitioner is ready to keep the complainant/opposite party no. 2, 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.

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

7. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 771 of 2023, T.R. No. 2627 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T