Sudheshwar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84135 of 2023 Arising Out of PS. Case No.-745 Year-2012 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Sudheshwar Ram S/O Late Kishan Ram R/O Village- Maubehat, P.SManigachhi, Distt.- Darbhanga. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Roma Devi W/O Sri Sudheshwar Ram R/O Village- Maubehat, P.SManigachhi, Distt.- Darbhanga, Present Address- D/O Sri Jahuri Ram, R/O Village- Rupnagar, P.S- Biraul, Distt.- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Nilendu Kumar Choudhary, Advocate For the State :
Mr. Tarun Prasad Mandal, APP For the O.P.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 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 complaint case punishable for the offence under Sections 147, 148, 149, 323, 324, 498A, 307, 314 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.
4. While denying the allegations made in the
Patna High Court CR. MISC. No.84135 of 2023(9) dt.13-08-2024 2/2 complaint petition, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. He never committed any torture with opposite party no. 2 or demanded any dowry and is still ready to keep the opposite party no. 2 with full honour and dignity. The complainant is in habbit of filing such types of cases, since prior to present complaint case, complainant has already lodged four matrimonial cases against petitioner with similar types of allegation.
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 S.D.J.M., Darbhanga in connection with Complaint Case No. 745 of 2012, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T