Suraj Kumar @ Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55511 of 2022 Arising Out of PS. Case No.-229 Year-2022 Thana- MANER District- Patna ====================================================== SURAJ KUMAR @ ADARSH KUMAR Son of Sri Champu Ram Resident of Village - Sarai Pokharpar, P.S.- Maner, District - Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Nisha Kumari Wife of Suraj Kumar @ Adarsh Kumar Daughter of Santosh Chaudhary, Resident of Village - Sarai Pokharpar, P.S.- Maner, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 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 323, 498A and 323 of the Indian Penal Code.

3. As per the prosecution case, on 21.3.2022 petitioner along with other family members committed torture on opposite party no.2 due to non-fulfilment of dowry demand 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. As a matter of fact, opposite party no.2 does not want to live the petitioner. However, he is ready to keep the victim in matrimonial house with honour and dignity. The case is triable

Patna High Court CR. MISC. No.55511 of 2022(4) dt.22-08-2024 2/2 by the 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. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six 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 Judicial Magistrate 1st class, Danapur, Patna in Maner Police Station Case No. 229 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T