Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76465 of 2024 Arising Out of PS. Case No.-712 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Rahul Kumar Son of Sri Suresh Chaudhary village- Nasibchak, Barbigha, PsBarbigha, Dist- Sheikhpura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kanchan Kumari Daughter of Shyam Chaudhary village- Chhawail, PsKauwakol, Dist- Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinkar Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Despite valid service of notice, no one appears on behalf of the O.P. No. 2.
2. Heard learned counsel for the petitioner and the State.
3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506 of the Indian Penal Code.
4. As per prosecution case, marriage of the O.P. No. 2 was solemnized with petitioner in the year 2022. Thereafter, on 15.05.2023 when O.P. No. 2 along with her parents and brother went to her matrimonial house, all the F.I.R. amed accused persons including this petitioner ouster her from the house due
Patna High Court CR. MISC. No.76465 of 2024(3) dt.22-01-2025 2/3 to non-fulfillment of demand of Rs. 2 lacs as dowry.
5. It is submitted on behalf of petitioner that petitioner happens to be husband of the O.P. No. 2. Present case has been lodged due to petty family dispute and petitioner never demanded any dowry from O.P. No. 2. Allegation against the petitioner is general and omnibus. It is further submitted that petitioner is ready to keep O.P. No. 2, as his wife, with full honour and dignity. 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.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
7. 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 eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nawada in connection with Nawada Complaint Case No. 712 of 2023, subject to condition
Patna High Court CR. MISC. No.76465 of 2024(3) dt.22-01-2025 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T