Gautam Kumar @ Anmol Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70198 of 2019 Arising Out of PS. Case No.-660 Year-2015 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== GAUTAM KUMAR @ ANMOL KUMAR Son of Ramavatar Singh @ Ramawatar Prasad Singh Resident of Village - Nawada bazar, P.S.- Rajaun, Distt.- Banka.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mamta Devi D/o Late Digambar Prasad Singh Resident of Village - Vishnupur, P.O.- Mali, P.S.- Beldaur, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 660C of 2015 registered for the offence punishable under Sections 323, 494, 498(A) of the Indian Penal Code and under Section 3/4 of the dowry Prohibition Act.

As per allegation, the complainant was married to the

Patna High Court CR. MISC. No.70198 of 2019(8) dt.10-08-2022 2/3 petitioner 11 years prior to lodging of the complaint petition. Two daughters were born out of wedlock of the couple. Thereafter, the petitioner and his family members subjected the complainant to cruelty. The petitioner demanded Rs. 5,00,000/- cash and due to non-fulfillment of demand, he solemnized his second marriage.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

On the other hand, the learned counsel for the informant has submitted that the petitioner inflicted atrocities upon the complainant for non-fulfillment of dowry demand. He solemnized his second marriage and ousted the complainant from her matrimonial house. The complainant is on the verge of starvation and in Maintenance Case No. 47 of 2015, the learned Principal Judge, Family Court directed the petitioner to pay Rs. 10,000/- per month as maintenance to the informant and her two daughters, but the petitioner did not obey the order of the Court, as such, the life of the complainant and her two daughters are in pathetic condition. Learned counsel for the informant has also submitted that the petitioner has been declared absconder and the process under Section 82 of the Code of Criminal Procedure

Patna High Court CR. MISC. No.70198 of 2019(8) dt.10-08-2022 3/3 has been issued.

Considering the above mentioned facts and circumstances, the petitioner is not entitled for privileges of anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) shweta/mahesh U T