Rohit Sah @ Rohit Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1783 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- MAHILA PS District- Jamui ====================================================== Rohit Sah @ Rohit Saw S/O Fuleshwar @ Kuleshwar Saw R/O Village- Gadi Telwa, P.S- Simultalla, Distt.- Jamui.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manisha Devi W/O-Rohit Sah, D/O-Rajendra Sao, R/o vill-Bangama, PSSimultalla, Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and the State. Despite valid service of notice, nobody appears for opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 498A, 494, 341, 504, 506, and 34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioner was married to opposite party no.2 in 2017. After sometime, petitioner and his family members started demanding dowry of Rs.2 lacs and a motorcycle and on non-fulfilment of demand of dowry, accused persons committed torture on opposite party no.2 and ousted her from the matrimonial house. Petitioner performed second marriage with some other lady.

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 victim. However, petitioner is ready to keep the victim along

Patna High Court CR. MISC. No.1783 of 2024(5) dt.12-08-2025 2/2 with the daughter in matrimonial house with honour and dignity. Learned counsel submits that the case is triable by the Magistrate. Petitioner has relied upon judgment of this Court, passed in 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 as also the judgment of this Court, in the event of arrest or surrender within eight 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 Jamui Mahila Police Station Case No. 45 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T