Birendra Kumar Poddar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63122 of 2018 Arising Out of PS. Case No.-1176 Year-2017 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Birendra Kumar Poddar S/o Shree Krshnanadan Poddar, Resident of VillageChoti Kashapur, P.S.-Amarpur, Distt.-Banka ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Suman Devi S/o Shree Suresh Poddar, Village-Asarganj, P.O. P.S.-Asarganj, Distt.-Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajit Kumar For the Opposite Party/s :
Mr.Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-05-2019 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in connection with Complaint Case No. 1176C of 2017 registered for the offence punishable under sections 498A, 323, 324, 506/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.
Learned counsel appearing for the petitioner submits that petitioner has never demanded any dowry nor has ever tortured the complainant. It is further submitted that petitioner is ready to keep his wife with all care, comfort and dignity, but it is the wife who is not desirous of living
Patna High Court CR. MISC. No.63122 of 2018(5) dt.06-05-2019 2/2 with this petitioner.
Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner being the husband was required to keep his wife with all dignity and honor in which he has failed and there is specific allegation of demand of dowry on him. He, therefore, submits that petitioner does not deserve to granted the privilege of anticipatory bail.
Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.
(Arvind Srivastava, J) mcv/- U T