Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73583 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- TEKARI District- Gaya ====================================================== Ravish Kumar, son of Sanjay Sharma, Resident of Village- Pura Ps- Tekari Dist- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Julee Kumari, wife of Ravish Kumar, D/o- Satyendra Sharma, Resident of Village-Beldih, Ps- Bela, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the State :

Mr.Rajendra Prasad Nat, APP For the O.P. No.2 : Mr. Manish Kumar No.2, Advocate Mr. Rohit Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant-opposite party no.2 and learned APP for the State.

2. The petitioner, in the present case, is seeking pre-arrest bail in connection with Tekari P.S. Case No.62 of 2023 registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that he had tortured the informant-O.P.No.2 physically and mentally due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that after the marriage between the parties dispute has arisen on account of matrimonial discord which has resulted into filing of the present case by opposite party no.2. It is submitted that the case has though been

Patna High Court CR. MISC. No.73583 of 2023(4) dt.25-10-2024 2/3 registered under various Sections of the IPC including under Section 307 IPC, but the fact remains that the petitioner has never assaulted the informant-opposite party no.2 and no injury has been caused to her.

5. Learned counsel submits that the opposite party no.2 never lived with her husband and in-laws after marriage in the matrimonial home and the case is concocted and baseless. It is stated that the petitioner is an engineer working with a private company.

6. On the other hand, learned counsel for the informant submits that the petitioner has tortured the informant both mentally as well as physically in order to pressurize her to get executed the sale deed of a land from her father by way of dowry. Learned counsel for the informant, however, admits that the informant has not suffered any injury on her body.

7. Learned APP for the State has also opposed the prayer for pre-arrest bail of the petitioner.

8. Having regard to the submissions noted hereinabove which predominantly described that it is a case of matrimonial discord, the petitioner is an engineer working with a private company at Delhi and at this stage, he is ready to cooperate with the investigation and participate in course of trial, if occasion so arises, therefore, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five

Patna High Court CR. MISC. No.73583 of 2023(4) dt.25-10-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P.S. Case No. 62 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

9. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T