Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50700 of 2024 Arising Out of PS. Case No.-1070 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Pawan Kumar Son Of Ramesh Lal @ Ramesh Lal Patwa R/O- VillageRaipur Chor, P.S.- Raipur Chor Distt.- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Babita Devi Wife Of Pawan Kumar, D/O- Bihari Lal Patwa R/O- VillageBanchanpatwa Road Dumraon,P.S.- Dumraon, Distt.- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Adv.
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-03-2025 In pursuance to the earlier order dated 14.02.2025 both parties appeared with their respective learned lawyer in Chambers proceeding.
2. Heard the parties.
3. The petitioner is apprehending his arrest in connection with Complaint Case No. 1070 of 2022 for the offence under Sections 323, 498A and 34 of the I.P.C.
4. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant
Patna High Court CR. MISC. No.50700 of 2024(7) dt.20-03-2025 2/3 from her matrimonial house due to non-fulfillment of dowry demand.
5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. No any occurrence has ever been taken place as alleged by the complainant. He further submits that there is no specific allegation against petitioner to torture complainant for non fulfillment of dowry demand, however, the allegations are general and omnibus in nature.
6. Learned Additional Public Prosecutor for the State has vehemently opposed the bail prayer of the petitioner.
7. Having heard learned counsel for the parties and arguments advanced by both the parties as well as keeping in view the judgment passed in the case of Arnesh Kumar Vs. State of Bihar & Anr and Satender Kumar Antil Vs. Central Bureau of Investigation, petitioner is directed to appear/surrender before the learned trial court within the period of two weeks from receipt/production of this order and pray for regular bail.
8. Trial Court shall consider the prayer of the petitioner on its own merit without being prejudiced by the order of this Court.
Patna High Court CR. MISC. No.50700 of 2024(7) dt.20-03-2025 3/3
9. Accordingly, the present application stands disposed off.
(S. B. Pd. Singh, J) prabhakar/- U T