Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62714 of 2022 Arising Out of PS. Case No.-613 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== Pradip Kumar Son of Brahmdeo Prasad Singh R/O Vill- Garhi, P.S- Belhar, Distt- Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Soni Devi @ Soni Kumari W/O Pradip Kumar R/O Vill- Garhi, P.OJhikuliya, P.S- Belhar, Distt- Banka, Present Address- D/O Ramjee Prasad Mandal @ Ramjeet, , Resident of village Patauna, P.O- Malaypur, P.SMalaypur (Barhat) , Distt- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsels for the petitioner, Opposite party no. 2 and the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

As per the complaint, the complainant married with this petitioner on 22.04.2016. After marriage, the complainant went at her sasural, but after sometime, this petitioner and other co-accused persons started demanding dowry and due to nonfulfillment of the same all the accused persons started assaulting her and ultimately, they snatched her belongings and ousted the

Patna High Court CR. MISC. No.62714 of 2022(2) dt.11-04-2023 2/3 complainant from the matrimonial home.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim and he is ready to keep his wife (complainant) with full honour and dignity. As a matter of fact, the complainant solemnized second marriage. The case is triable 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. Petitioner has got clean antecedent.

On behalf of the learned counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the complaint case.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above-named, in the event of his arrest/ surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.62714 of 2022(2) dt.11-04-2023 3/3 amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 613C of 2018, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) vinita/- U T