Bhavishya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71522 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== BHAVISHYA KUMAR S/O ASHOK MAHTO VILLAGE- BARAUNI-3, PS. TEGHRA, DIST. BEGUSARAI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SAVITA KUMARI W/O BHAVISHYA KUMAR VILLAGE- BARAUNI-3, PS. TEGHRA, DIST. BEGUSARAI AND PRESENTLY RESIDING AS D/O LATE SHANKAR RAM, R/O VILLAGE- BARAUNI-3, PS. TEGHRA, DIST. BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-03-2024 1.

Pursuant to the order dated 19.03.2024, passed by this Court, petitioner and opposite party no. 2 are physically present in Chambers.

2.

Heard learned Counsel for the petitioner, learned APP for the State and learned counsel for the informant. 3.

This application, for grant of anticipatory bail, arises out of Teghra PS case no. 186 of 2023, disclosing offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. 4.

The prosecution story, as per the First Information Report, is that the petitioner and the informant were having love affairs for about two years and with the consent of both the

Patna High Court CR. MISC. No.71522 of 2023(5) dt.28-03-2024 2/3 families, they got married on 17.05.2023 at Vidyapati Dham, Samastipur, as per Hindu rites and rituals and informant went to her matrimonial home. At that time, petitioners' side had not demanded any dowry but after only 08 days of marriage, petitioner along with his parents started demanding Rs. 2 lacs, one motorcycle and one colour television from the informant and when she opposed, they assaulted her and ousted from her matrimonial home.

5.

Learned Counsel for the petitioner submits that petitioner along with family members have falsely been implicated in this case and no such occurrence, as alleged, had ever taken place and the informant, upon instigation of her elders, has left her matrimonial home.

6.

On the other hand, learned counsel for the informant has vehemently opposed the prayer for bail and submits that informant is ready to live with the petitioner. 7.

On the other hand, learned counsel for the petitioner submits that the matter was sent for mediation but the same has failed. Petitioner is not ready to keep the informant for various reasons.

8.

Regard being had to the nature of allegation and taking into consideration the fact that general and omnibus allegation has been levelled against the petitioner and his other

Patna High Court CR. MISC. No.71522 of 2023(5) dt.28-03-2024 3/3 family members, I am inclined to grant the privilege of anticipatory bail to the petitioner.

9.

This application is, accordingly, allowed.

10.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Teghra PS case no. 186 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T