Rajkumar Gond @ Rajesh Kumar Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78649 of 2023 Arising Out of PS. Case No.-2501 Year-2022 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Rajkumar Gond @ Rajesh Kumar Gond S/O Lalan Gond Village- Sasai (BAIKUNTHPUR), Ps. Bhorey, Dist. Gopalganj.
... ... Petitioner
Versus
1.
The State Of Bihar 2.
Daisy Devi W/O Rajkumar Gond, D/O Tufani Sah R/O Village- Sasai (BAIKUNTHPUR),PS. Bhorey, Dist. Gopalganj Presently Residing At R/O Village- Swareji, Ps. Nirganj,Dist. Gopalganj. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Vishwajeet Kumar Mishra, Advocate For the Opposite Party :
Mr.Lakshmi Kant Sharma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and the State. Nobody appears for opposite party no.2 inspite of valid service of notice.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 498A, 406,497/34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, petitioner along with other family members committed torture on opposite party no.2 due to non-fulfilment of dowry demand.
4. Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the
Patna High Court CR. MISC. No.78649 of 2023(4) dt.19-03-2024 2/2 victim. However, he is ready to keep the victim to her matrimonial house with honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the 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.
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the Sub Divisional Judicial Magistrate, Gopalganj in Complaint Case No. 2501/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T