Shashi Bhushan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65448 of 2022 Arising Out of PS. Case No.-1836 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHASHI BHUSHAN DAS SON OF SURAJ DAS R/O VILLAGEKARARIYA PATE TOLA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

GURIYA DEVI WIFE OF SHASHI BHUSHAN DAS R/O VILLAGEKARARIYA PATE TOLA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN, AT PRESENT DAUGHTER OF LATE RAMJI DAS, R/O VILLAGE- DHANKHARAHIYA RANJITA, P.S.- HARSIDHI, DISTRICTEAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsels for the petitioner, opposite party no. 2 and learned A.P.P. for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. C-1836 of 2019 for the offence registered under Sections 498(A)/ 494 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has 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. It is next submitted that O.P. No.2 has solemnized her second marriage

Patna High Court CR. MISC. No.65448 of 2022(5) dt.11-04-2023 2/2 11⁄2 years ago with Jitendra Das and they are residing as husband and wife. 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 F.I.R/ 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 today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st class, Motihari in connection with Complaint case No. C- 1836/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T