Ajit Pandit @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79609 of 2024 Arising Out of PS. Case No.-1126 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== Ajit Pandit @ Ajit Kumar Son of Bachchu Pandit Resident of Village - Hadahdiya, P.S. - Laxmipur, District - Jamui ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anjani Kumari Wife of Ajit Pandit @ Ajit Kumar Resident of Village - Hadahdiya, P.S. - Laxmipur, District - Jamui, At Present D/o. - Bhopal Pandit, Resident of Village - Paro, P.S. - Barhat, District - Jamui ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Ms/Mrs. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and the State. Despite valid service of notice, nobody appears for opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 498A, 504 and 34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioner was married to opposite party no.2 in 2017. After sometime, petitioner and his family members started demanding dowry of Rs.5 lacs and a motorcycle and on non-fulfilment of demand of dowry, accused persons committed torture on opposite party no.2 and ousted her from the 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 has filed Matrimonial Divorce Case No. 41/2020 in the Court of Principal Judge, Family

Patna High Court CR. MISC. No.79609 of 2024(5) dt.22-04-2025 2/2 Court and the opposite party no.2. However, petitioner is ready to keep the victim in matrimonial house with honour and dignity. Learned counsel submits that the case is triable by the Magistrate. Petitioner has relied upon judgment of this Court, passed in 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 as also the judgment of this Court, in the event of arrest or surrender within eight 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, Jamui in Complaint Case No. 1126C/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T