Manoj Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75348 of 2019 Arising Out of PS. Case No.-1983 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Manoj Kumar Jaiswal, Son of Late Shiv Narayan Jaiswal, R/o- Khudia Fatak, Nirsa, P.S.- Nirsa, District - Dhanbad.

... ... Petitioner

Versus

1. The State of Bihar

2. Kiran Kumari, w/o Manoj Kumar Jaiswal, D/o Lal Babu, R/o Mohalla-Ram Nagar, Road No.1, Rai Lane Gali, Bangali Tola, P.S.-Jakkanpur, Distt.-Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainantopposite party no.2 via video conferencing. By way of the present application, the petitioner has sought for pre-arrest bail in connection with Complaint Case No.1983(c) of 2016 in which cognizance has been taken for the offence punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation made in the complaint. The petitioner being the husband of the complainant always tried to keep the complainant with dignity and honour in

Patna High Court CR. MISC. No.75348 of 2019(4) dt.16-06-2020 2/3 the matrimonial house. However, the complainant herself deserted him. Seeing no way out, the petitioner filed Title (Matrimonial) Suit No.346 of 2014 under Section 9 of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Dhanbad in which the complainant never appeared. Since the complainant did not become ready to live along with the petitioner, ultimately, he filed Divorce Case No.741 of 2015 in the court of Additional Principal Judge, Patna. After receipt of notice in the Divorce Case No.741 of 2015, the instant complaint has been filed on behalf of the complainant. Mr. Ranjan Kumar Jha, learned counsel for the complainant vehemently opposed the prayer for grant of prearrest bail to the petitioner.

He submitted that the petitioner subjected the complainant to cruelty in various ways within 1015 days of her marriage. He also humiliated her in her maika and this was the reason due to which the complainant did not want to live with the petitioner. He further contended that the complainant has stated in her statement made on oath under Section 200 of the Code of Criminal Procedure that the petitioner once visited the maika of the complainant and assaulted her sister also.

Be that as it may, considering the totality of the

Patna High Court CR. MISC. No.75348 of 2019(4) dt.16-06-2020 3/3 circumstances, the petitioner is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna in connection with Complaint Case No.1983(c) of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T