Ashok Rai @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48993 of 2025 Arising Out of PS. Case No.-757 Year-2023 Thana- COMPLAINT CASE - DANAPUR District- Patna ====================================================== Ashok Rai @ Ashok Kumar S/O Suraj Rai @ Surya Singh Resident of Village- Hulasi Tola, P.S- Maner, Distt.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anjali Devi Daughter of Chhathu Rai Wife of Ashok Rai@Ashok Kumar Resident of Village- Hulasi Tola, P.S.- Maner, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 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 147, 148, 323, 498A, 363, 353, 506/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner was married to opposite party no.2 in 2018. After sometime, petitioner and his family members started demanding dowry and on nonfulfilment of demand of dowry, accused persons committed torture on opposite party no.2 and ousted her from the matrimonial house.
4. Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, petitioner is ready to keep the victim in
Patna High Court CR. MISC. No.48993 of 2025(3) dt.17-09-2025 2/2 matrimonial house with honour and dignity. Learned counsel submits that the case is triable by the Magistrate. Petitioner has relied upon judgment of this Court, passed in case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
5. Considering the aforesaid facts and circumstances of the case as also the judgment of this Court, in the event of arrest or surrender within eight 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 Additional Chief Judicial Magistrate II, Danapur in Complaint Case No. 757C/2023, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) shashi/- U T