Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80589 of 2023 Arising Out of PS. Case No.-407 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Pawan Kumar Son Of Mithilish Singh Resident Of -RAMRAJ Nagar, P.S.- Aurangabad Town, District- Auraagabad (BIHAR) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Swati Kumari Wife Of Pawan Kumar Resident Of - Ramraj Nagar, P.S.- Aurangabad Town, District- Auraagabad (BIHAR), Daughter Of Amrendra Kumar Singh At Present Residing At New Area, Ward No. 11, P.S. Aurangabad Town, District- Aurangabad (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Dr. Leelawati Kumari, Advocate For the State :

Mr. Pawan Kumar Chaurasia, APP For the O.P.-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 498(A), 379, 504, 506, and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that marriage of opposite party no. 2 was solemnized with this petitioner in the year 2020 and after the marriage, she was harassed and illtreated at the hands of her husband (petitioner) and other family members for dowry and due to non-fulfillment of same, she was assaulted and ousted from her matrimonial house.

Patna High Court CR. MISC. No.80589 of 2023(8) dt.19-06-2024 2/2

4. Learned counsel for the petitioner, while denying the allegations made in the F.I.R., submits that petitioner has been falsely implicated in this case merely because he is husband of the opposite party no. 2. However, he is ready to keep the opposite party no. 2 with full honour and dignity. Moreover, 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. Petitioner has got clean antecedent.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of 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 learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Aurangabad Town P.S. Case No. 407 of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T