Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66047 of 2024 Arising Out of PS. Case No.-10805 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ajay Kumar Son of Jagdeo Tiwari Resident of VIllage -Sanikurwa, PSRachopali, Dist.- Siwan, at present resident of old Barganda, Powerhouse more, Metros Gali, P.S.- Giridih, Distt.- Giridih, Jharkhand ... ... Petitioner

Versus

1.

The State of Bihar 2.

Poonam Kumari Wife of Ajay Kumar, Daughter of Anil Kumar Upadhyay At present resident of Mohalla- SriRam Chandra Commercial and residential complex, flat no. -103, Bata, digha Road, P.S.- Digha, Distt.- Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Lakshman Jha, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, A.P.P.

Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 498A and 504 of the Indian Penal Code.

3. As per the prosecution case, petitioner was married to opposite party no.2 in 2004. After sometime, petitioner used to harass and assault opposite party no.2 and pressurized her to leave the job of Block Teacher.

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. Petitioner never demanded dowry or harassed opposite party no.2. As a matter of fact, opposite party no.2 has developed extra marital relation with a colleague teacher and she does not want to live with the petitioner. Petitioner is ready

Patna High Court CR. MISC. No.66047 of 2024(5) dt.22-04-2025 2/2 to keep opposite party no.2 with dignity and safety.

5. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner is husband of opposite party no.2. He is named in the FIR with specific allegation that he used to harass and assault opposite party no.2 in drunken state. Opposite party no.2 has two children. Matter had been referred to the Mediation Center, but dispute between the parties could not be settled through process of mediation.

6. Considering the nature of accusation, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T