Dinesh Kumar Sah @ Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63610 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- COMPLAINT CASE District- Araria ====================================================== Dinesh Kumar Sah @ Dinesh Sah Son of Shukal Sah Village- Mirzapur, Naya Tola, Ward no. 11, Binodpur, Ps- Baunsi, Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Devi Wife of Dinesh Kumar Sah @ Dinesh Sah Village- Mirzapur, Naya Tola, Ward no. 11, Binodpur, Ps- Baunsi, Dist- Araria AT Daughter of Belchand Sah, village- Rajbaili, ward no. 10, Ps- Baunsi, Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 168 of 2024 for the offence under Section 498A, 494 and 34 of the Indian Penal Code.

3. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.63610 of 2024(5) dt.08-04-2025 2/3 petitioner is quite innocent, committed no offence and has been falsely implicated in this case. The allegation against the petitioner is totally false, baseless and concocted. Petitioner has never demanded any dowry from the complainant and for that never tortured her. It is also stated that in the absence of the petitioner, complainant (wife) eloped with her lover, namely, Shyam Lal Baitha.

5. Learned Additional Public Prosecutor opposed the anticipatory bail prayer of the petitioner.

6. During course of argument learned counsel for the petitioner submits that petitioner has also filed a complaint case vide complaint case no. 249 of 2024 against the complainant and others. He further submits that the complainant eloped with her lover, namely, Shyam Lal Baitha and she is not willing to reside with her husband (petitioner).

7. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Araria in connection with Complaint Case No. 168 of 2024

Patna High Court CR. MISC. No.63610 of 2024(5) dt.08-04-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U T