Putul Rajak @ Bishwanath Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75421 of 2019 Arising Out of PS. Case No.-643 Year-2012 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Putul Rajak @ Bishwanath Rajak Son of Bisheshwar Rajak Resident of Village- Kateya, P.S.- Behiya, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shakuntala Devi Wife of Putul Rajak Resident of Village- Pande Dih, P.S.- Charpokhari, District- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Malti Kumari For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A), 374 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.75421 of 2019(8) dt.13-01-2022 2/3 The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2010, hence the provisions under Section 498(A) of the I.P.C shall not be attracted. It is further submitted that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 13 of the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur, Ara in connection with Complaint Case No. 643 of 2012, Tr. No. 3471 of 2012, subject to

Patna High Court CR. MISC. No.75421 of 2019(8) dt.13-01-2022 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.

(Sunil Kumar Panwar, J) Shageer/- U T