Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76905 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Ravi Kumar Son of Deoki Nishad Resident of Village- Arya kumar Road, Machhua Toli, P.S- Kadamkuan, Dist- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Saket Anand, Advocate For the State :
Mr. Rina Sinha, APP For the O.P. No.2 :
Mr. Raj Kumar, Advocate Mr. Pratik Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Sultanganj P.S. Case No. 196 of 2024, dated 14.05.2024 registered for the offences punishable under Sections 498A, 341, 323, 504, 506 read with section 34 of the Indian Penal Code.
3. As per allegation, at the stage of negotiation for marriage before the petitioner, the father of the petitioner represented to the parents of the informants that the petitioner is a government employee. However, after marriage the informant came to know that her husband is not a government employee. Moreover, the petitioner and his parents asked the informant not
2/4 to disclose this fact to her parents and they started committing cruelty against her. It is further alleged that she was ousted from the her matrimonial home.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the informant/wife does not like her husband/petitioner because he is not in government service and she has left her matrimonial home on her own. He further submits that the informant/wife and her parents had committed even burglary and theft in his house and also took away all the household items given by them at the time of marriage of her daughter and for that offence, one criminal case has also been filed against them. Thereafter, the present case has been filed by the informant/wife. He also submits the petitioner is ready to keep his wife in his matrimonial home.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State as well as learned counsel for the O.P. No.2 vehemently opposes the
3/4 prayer of the Petitioner for bail. Learned counsel for the O.P. No.2 submits that the petitioner has received an amount of Rs. 15,00,000/- from informant's parents and they are not paying it back. He also submits that the informant/wife is ready to live with the petitioner/husband.
8. In view of the rival submissions of the parties, it transpires that there is matrimonial dispute between the parties and they are advised to move Family Court to resolve their dispute.
9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City/Concerned Court, in connection with Sultanganj P.S. Case No. 196 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned
4/4 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T