Patna High CourtCR. MISC./52754/2023bail granted

Shashank v. The State Of Bihar

2023-08-19Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52754 of 2023 Arising Out of PS. Case No.-534 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== SHASHANK SON OF SRI PRAMOD KUMAR SINGH R/O VILLAGEWALIPUR, JAMALPUR, NEAR SHIV MANDIR, P.S.-JAMALPUR, DISTT.-MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

KAJAL KUMARI DAUGHTER OF BIRENDRA KUMAR R/O MUHALLA-SHIV NAGAR, NAWADA. P.S. AND DISTT.-NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-08-2023

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Complaint Case no.534 of 2022 wherein cognizance has been taken under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the complainant was married to the petitioner in the year 2019. The complainant states that gifts and jewellery as described in the complaint was given at the time of marriage, however the accused persons including the petitioner herein who happens to be the husband of the complainant continued to taunt her for bringing less

Patna High Court CR. MISC. No.52754 of 2023(2) dt.19-08-2023 2/3 dowry. The petitioner demanded that a sum of Rs.1 lakh be brought from her father. She further states that the petitioner on coming to know about the sex of their unborn child also tried to abort her.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations as levelled in the complaint are all false and concocted. It is submitted that the complainant deserted the petitioner which led to his filing a matrimonial case under section 13 of the Hindu Marriage Act on 8.3.2022 and the same was registered as Matrimonial Case no.42 of 2022 in the Court of Principal Judge, Family Court, Munger. It was only two months thereafter that the instant complaint has been filed by the Opposite Party no.2.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the complaint together with the filing of the divorce case by the petitioner prior to lodging of the complaint by the complainant, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in

Patna High Court CR. MISC. No.52754 of 2023(2) dt.19-08-2023 3/3 connection with Complaint Case no.534 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Nawada.

(Partha Sarthy, J) Saurabh/- U T