Ajay Kumar @ Ajay Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54963 of 2023 Arising Out of PS. Case No.-4534 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== AJAY KUMAR @ AJAY KRISHNA SON OF SRI RAM CHANDRA PRASAD R/O-SAIDPUR, NAHAR ROAD, P.S.-KADAM KUAN, DISTT.- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SMT. RUCHI KUMARI WIFE OF AJAY KUMAR R/O-RUKANPURA, BAILEY ROAD, P.S.-RUPASPUR, DISTT.-PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP Mr.Arvind Kumar Mouar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

Petitioner apprehends his arrest in a case registered u/s 498(A) of the IPC and section 4 of Dowry Prohibition Act. 3.

Allegation against the petitioner is that he being the husband of the complainant used to torture the complainant in connivance with his family members over demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been

Patna High Court CR. MISC. No.54963 of 2023(3) dt.14-09-2023 2/3 falsely implicated in the present case due to grudge. It is submitted that the petitioner is not ready to live with his wife as he has already filed a Divorce Case which is pending in the Court below bearing Divorce Suit No.883/2018. It is submitted that the O.P. No.2 is working in the G.P.O. and petitioner is working as Branch Manager in Bank of India. Petitioner has no criminal antecedent.

5.

Learned counsel for the O.P. No.2 as well as learned APP for the State opposed the prayer for bail by submitting that the petitioner has demanded dowry from the O.P. No.2, therefore, she filed a complaint case against the petitioner and then the divorce case was filed by the petitioner.

6.

Considering the aforesaid facts and circumstances and the judgment of the Apex Court in the case of Satendra Kumar Antil V/s. Central Bureau of Investigation & Anr. as reported in (2022) 10 SCC 51, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with

Patna High Court CR. MISC. No.54963 of 2023(3) dt.14-09-2023 3/3 Complaint Case No.4534(c)/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T