Dr. Ramanuj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76552 of 2018 Arising Out of PS. Case No.-1980 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Dr. Ramanuj Kumar, Son of Arjun Prasad Keshri, resident of Village, P.O. and P.S.- Chouparan, G.T. Road, District- Hajaribagh Jharkhand. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priynaka, D/o Late Raj Kumar Lal, resident of Mohalla- Mohdinagar, P.O.- Mirzanhat, P.S.- Mojahidpur Babarganj, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhinav Srivastava, Advocate.
For the Opposite Party/s :
Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 1980 of 2014 registered under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The accusation is that marriage of complainantopposite party no. 2 was performed with the petitioner on 24.11.2012. After some days, petitioner made demand of Rs.8,00,000/- for purchasing the land then complainant-opposite party no. 2 informed her mother and brothers. Thereafter, complainant-opposite party no. 2 deposited Rs.3,90,000/- in the
Patna High Court CR. MISC. No.76552 of 2018(3) dt.30-04-2019 2/3 account of petitioner with assurance to give remaining amount. After execution of the sale deed, in-laws of the complainantopposite party no. 2 started torturing her physically and mentally for not payment of remaining amount. Petitioner, who is the student of medical, running the coaching at Ranchi and also engaged the complainant-opposite party no. 2 in the coaching centre but in spite of that, she was being tortured. Thereafter, complainant came to know that petitioner had illicit relation with one girl, on which, she raised objection then she was assaulted by petitioner. Out of wedlock, complainantopposite party no. 2 gave birth of a female child. On 07.04.2014, petitioner gave vaccine to the complainant and she was admitted in Mental Hospital, Kanke but the Doctor of Mental Hospital, Kanke refused to admit the complainant and also informed to her brother.
Learned counsel for the petitioner submits that due to serious mental illness of the complainant-opposite party no. 2, petitioner filed Divorce case bearing MTS Case No. 107 of 2014 in the court of Principal Judge, Family Court, Ranchi on 04.03.2014 due to that reason only to give undue pressure, the present case has been filed by the complainant-opposite party no. 2, who is the husband of the petitioner.
Patna High Court CR. MISC. No.76552 of 2018(3) dt.30-04-2019 3/3 Learned counsel for the complainant-opposite party no.2 submits that, in fact, complainant-opposite party no. 2 had no knowledge about filing of divorce case on false ground of serious mental illness of the complainant-opposite party no. 2. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Complaint Case No. 1980 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T