Shree Kant Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66831 of 2023 Arising Out of PS. Case No.-607 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SHREE KANT KUMAR BHARTI S/O RAM NATH PAITHA RESIDENT OF FLAT NO. 301 DREAM JEWEL APARTMENT, R.K. PURAM, SAGANAMORE, PS- DANAPUR, DIST- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NISHI KUMARI WIFE OF SHREE KANT KUMAR BHARTI VILLAGEHANUMAN NAGAR, MUSTAFABAD, POST AND PS- RAMPUR, GAYA, DIST- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudal Prasad, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP Mr.Shailesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No.2. 2.

The petitioner apprehends his arrest in a case registered under sections 498(A), 504, 506/34 of IPC and 3⁄4 of D.P. Act. 3.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. It is further

Patna High Court CR. MISC. No.66831 of 2023(4) dt.19-03-2024 2/2 submitted that in the Maintenance case, order was passed that the petitioner will pay Rs.8000/- per month to the daughter of the O.P. No.2 and since then, the petitioner is paying the said amount to the daughter and the O.P. No.2 is also working as Senior Manager in Punjab National Bank. Petitioner has no criminal antecedent.

5.

Considering the aforesaid facts and circumstances, since a divorce case has already been filed by the petitioner and he is paying Rs.8000/- per month to his daughter, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.607/2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T