Dhananjay Kumar @ Dhanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56042 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- TETERHAT District- Lakhisarai ====================================================== Dhananjay Kumar @ Dhanjay Kumar son of Upendra Verma Village- Sawan Khairma, Ps- Tetarhat Dist- lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Seema Kumari W/o- Dhananjay Kumar Village- Sawan Khairma, PsTetarhat Dist- lakhisarai, P/A- Bichway Ps- Lachuwar Dist- jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar, Advocate For the State :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.
2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 341, 323, 498-A, 34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.
3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.
4. While denying the allegations made in the complaint petition, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. He never demanded any dowry or committed torture with opposite
Patna High Court CR. MISC. No.56042 of 2024(3) dt.08-01-2025 2/2 party no. 2. Learned counsel for the petitioner further submits that prior to the present case, the opposite party no. 2 has filed two more cases against petitioner and others, vide Tetarhat P.S. Case No. 02/2024 and Mahila P.S. Case No. 42/2024 and in both the cases, petitioner is on bail. However, in spite of that, petitioner is ready to keep the opposite party no. 2 with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further relied upon the judgment of this Court in the 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, in the event of arrest or surrender within a period of 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 learned C.J.M., Lakhisarai in connection with Tetarhat P.S. Case No. 165 of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T