Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48812 of 2023 Arising Out of PS. Case No.-601 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Prince Kumar Son Of Sohan Mahto Resident Of Village- Anandpur Gangoliya, Ps- Saraiya, Dist- Muzaffarpur ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Sanju Devi Wife Of Prince Kumar Resident Of Village- Anandpur Gangoliya, Ps- Saraiya, Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and the State. Despite valid service of notice, nobody appears for opposite party no.2.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, opposite party no.2 was married to one Rajiv Mahto in 2010. After death of said Rajiv Mahto, the petitioner taking into confidence, solemnized marriage with opposite party no.2 on 4.6.2021. When opposite party no.2 came to her sasural with the petitioner, all the accused persons including the petitioner assaulted her.
4. Learned counsel appearing for the petitioner denies the allegations. He submits that as a matter of fact opposite party no.2 was married to cousin brother of the petitioner in 2010 and out of the said wedlock, she has two children. Allegation of solemnization of marriage of opposite party no.2 with the petitioner on 4.6.2021 is false and motivated. Moreover,
Patna High Court CR. MISC. No.48812 of 2023(5) dt.24-02-2025 2/2 allegation of marpit is vague and not specific with date and time. Petitioner claims clean antecedent.
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the Sub Divisional Judicial Magistrate (W) Muzaffarpur in Saraiya Police Station Case No. 601/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T