Ranjeet Kumar @ Ranjeet Hazra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57499 of 2024 Arising Out of PS. Case No.-897 Year-2020 Thana- COMPLAINT CASE District- Jamui ====================================================== Ranjeet Kumar @ Ranjeet Hazra SON OF KEDAR HAZRA VillageBaddiha, Post -Mirjaganj, P.S.- Jamua, Dist.- Giridih, Jharkhand ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Babita Devi Wife of Ranjeet Hazara Village- Baddiha, Po- Mirganj, PsJamua, Dist- Giridih, Jharkhand, at P/A- Village- Gola Chakai, Ps- Chakai, Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 897 of 2020, instituted for the offence punishable under Sections 498A, 120B, 323, 504, 506 and 494 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with his family members used to abuse and torture the complainant for giving birth to female baby and demanded Rs. 2 lakhs for making a deposit in the name of new born baby and if she fails to do so they will not keep her, besides, they will remarry her husband.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is the husband of the
Patna High Court CR. MISC. No.57499 of 2024(3) dt.17-12-2024 2/3 complainant and he is ready to keep his wife with full dignity and honour, but the complainant is not ready to live with him. The allegation against the petitioner is false and concocted. It is submitted that complaint case has been lodged under Sections 498A, 120B, 323, 504, 506 and 494 of the Indian Penal Code in which the learned court below took cognizance under Section 498A and 494 of the IPC. It is submitted that so far other accused persons including Rekha Devi with whom petitioner is alleged to have married, no cognizance has been taken against the said Rekha Devi. It is submitted that the present case has been lodged only on suspicion that husband of the complainant has solemnized marriage with the said Rekha Devi. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. On the other hand, learned counsel for the complainant appeared through his counsel and filed her counter affidavit in this case and especially pleaded that the petitioner has solemnized marriage with the said Rekha Devi and supported the case of dowry and torture. One daughter has born out of the wedlock and she is not willing to live with the petitioner in presence of second wife Rekha Devi.
7. Having considered the facts and circumstances of the
Patna High Court CR. MISC. No.57499 of 2024(3) dt.17-12-2024 3/3 case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 897 of 2020, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C. and subject to payment of rupees five thousand per month as living cost to the OP No. 2 by the petitioner.
8. The petitioner will deposit rupees five thousand per month by 7th of every succeeding month in the savings account of the OP No.2. The OP No. 2 will furnish the Account Number to the petitioner for deposit of the amount as aforesaid every month. In case, the petitioner fails to deposit the installments for two consecutive months, his bail will be liable to the cancelled. (Khatim Reza, J) prabhat/- U T