Shibu Ram @ Satendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73794 of 2022 Arising Out of PS. Case No.-204 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== SHIBU RAM @ SATENDRA RAM S/o Adalat Ram R/o village- Math Lohiyar Tola Tali, P.S.- Harsidhi, Distt- East Chamapran at Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Devi W/o Shibu Ram @ Satendra Ram, D/o Rajkumar Ram At present R/o - Ambedkar Colony Bswariya, P.S.- Bettiah Nagar, Distt- West Champaran.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the State :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner and the State.

2. In view of the jointness petition filed on behalf of the petitioner, notice is deemed as validly served on opposite party No. 2.

3. Despite valid service of notice, nobody appears on behalf of the opposite party No. 2.

4. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 498(A), 323, 504, 506, 313 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

5. As per prosecution case, all the named accused persons including this petitioner tortured and harassed the

Patna High Court CR. MISC. No.73794 of 2022(4) dt.26-09-2023 2/3 complainant for non-fulfillment of demand of dowry and after some time, she was ousted from the house.

6. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. Petitioner never demanded any dowry nor did he ever torture the complainant. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity and in this regard he has filed matrimonial case before the Family Court, Motihari vide Case No. 165 of 2021 under Section 9 of the Hindu Marriage Act. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.

7. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

8. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on

Patna High Court CR. MISC. No.73794 of 2022(4) dt.26-09-2023 3/3 furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Nagar P. S. Case No. 204 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T