Priyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78815 of 2024 Arising Out of PS. Case No.-1699 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== Priyanshu Kumar S/o- Saryug Pandit Resident Of Village- Bisnu Nagar, Bakrar, Ps- Belhar, Dist- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rambha Devi W/o- Priyanshu Kumar, D/o- Bindeshwari Pandit VillageBasmatta Po-Basmatta Ps-Belhar Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Complaint Case No. 1699 of 2022, in which cognizance has been taken for the offence under Sections 498(A), 323 & 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Act. 3.

Prosecution case in short is that complainant married with this petitioner in the year 2014 and it is alleged that petitioner and other co-accused persons caused hurt to complainant and ousted her from matrimonial home due to nonfulfillment of demand of dowry. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.78815 of 2024(3) dt.28-01-2025 2/3 that the petitioner is in custody since 29-08-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that complainant does not want to reside in her matrimonial house and she wants her husband to be Gharjamai and refusal of the same resulted in the present complaint case. There was no initial demand of dowry during marriage. The petitioner is still ready to keep complainant with all due dignity and honour.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner by contending that co-accused including the petitioner used to torture the complainant physically and mentally on the pretext of demanding dowry.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that petitioner being ready to keep his wife with full honour, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.78815 of 2024(3) dt.28-01-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Complaint Case No. 1699 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T