Subhash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61427 of 2024 Arising Out of PS. Case No.-1265 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Subhash Ram S/O Kishor Ram @ Nand Kishor Ram R/O Village- Awadhiya Soghari, P.S- Siwaipati, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Devi D/O Ram Swarth Ram R/O Village- Vasudev Chhapra, P.SMinapur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 1265 of 2019, registered under sections 498A, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the complainant states that she was married to the petitioner on 8.5.2009 wherein various articles by way of gift including cash, cycle and utensils were given. It is further stated that a daughter was born out of the said wedlock, however, the accused persons started to assault and torture the complainant which led to filing of a

Patna High Court CR. MISC. No.61427 of 2024(2) dt.20-09-2024 2/3 complaint case in the year 2012. The accused started making demand of a motorcycle, a cow and Rs. 3 lacs in cash. Finally the petitioner entered into a second marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on account of being the husband of the complainant. The allegation of assault and torture are all false and concocted. The petitioner categorically denies having entered into a second marriage and submits that he has always been ready to keep his wife ie the complainant with full honour and dignity but it is she who is filing one complaint after the other. Learned counsel for the petitioner submits that a typographical error has occurred in paragraph no.3 of the petition for the reason that in the earlier case filed, as per instruction received, no cognizance was taken.

5. The application for anticipatory bail is opposed by 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, it is directed that the petitioner, who is the husband of the complainant, 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 connection with Complaint Case

Patna High Court CR. MISC. No.61427 of 2024(2) dt.20-09-2024 3/3 no. 1265 of 2019 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 Judicial Magistrate, 1st Class, Muzaffarpur East, District- Muzaffarpur. (Partha Sarthy, J) Shiv/- U T