Rohit Kumar @ Rohit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78023 of 2019 Arising Out of PS. Case No.-807 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== ROHIT KUMAR @ ROHIT KUMAR SAH Son of Tuntun Sah @ Shivnath Sah Resident of Village - Bidupur, P.S.- Bidupur, Dist.- Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Sangita Kumari W/o Rohit Kumar Sah D/o Bhagwat Sah, Resident of Mohalla - Sikandarpur, P,O.- Pradhan Dakghar, P.S.- Town, Distt.- Muzaffarpur, Permanent Address Village - Jagdishpur, P.O. and P.S.- Jandaha, Distt.- Vaishali.

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code read with Section 3⁄4 of the Dowry Prohibition Act.

Informant has alleged in her written complaint that she was widow and mother of three children and petitioner proposed her parents to marry informant which was accepted by the father of informant and same was solemnized on 13.09.2012 as per Hindu Rites and Customs, however, after sometime of marriage she was being tortured by petitioner and his family

Patna High Court CR. MISC. No.78023 of 2019(3) dt.22-01-2020 2/2 members and thereafter on 04.04.2015 she was driven out from her matrimonial home and has filed present case on 07.04.2015. It has been submitted on behalf of the petitioner that no marriage was solemnized with the informant and the alleged date of marriage on 13.09.2012 he was only 15 years old, as such marrying widow having three children is unbelievable. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Complaint Case No. 807/2015 (Trial No. 1799/2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T