Ranjan Mallick @ Niraj @ Rajan Mallik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74723 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- COMPLAINT CASE District- Supaul ====================================================== Ranjan Mallick @ Niraj @ Rajan Mallik Son of Arun Prakash Mallick R/o -Jagni Jagganathpur Ward No.- 1, P.S.K. Nagar, Distt.- Purnea ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ruchi Ranjan Wife ofRanjan Mallick @ Niraj, D/O- Chandra Kishore Das R/O- Village- Sitaram Chakla (Berdah) Bhaya Simarhi Panchayat Finglas, P.S.- Raghopur Distt.- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and the State. Despite valid service of notice, for the second consecutive date nobody appears for opposite party no.2.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A, 379, 341, 323, 504, 506/34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.
3. As per complaint, complainant was married with the petitioner in 2014. After six months of marriage, petitioner along with other family members started demanding dowry of Rs. 5 lacs and due to non-fulfilment of the same, she was subjected to torture and harassment. Complainant was also ousted from matrimonial house.
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. Opposite party no.2 is a lady of ill temperament and she wants to live separately. Petitioner has also filed Divorce Case bearing Matrimonial Case No. 14 of 2023.However, petitioner
Patna High Court CR. MISC. No.74723 of 2024(4) dt.28-01-2025 2/2 is ready to keep the victim in matrimonial house with honour and dignity. 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.
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the Sub Divisional Judicial Magistrate, Supaul at Birpur in Complaint Case No. 165C/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T