Raju Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84558 of 2023 Arising Out of PS. Case No.-151 Year-2013 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Raju Giri S/O Harihar Giri Resident Of Village- Ratnarh (Ratnar) Police Station- Agiaon (Garahani) District-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sakshi Devi W/O Raju Giri, D/O Late Nandlal Giri At Present Residing At Village- Harkhahi, Police Station- Krishnabraham District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Despite valid service of notice, nobody appears on behalf of the O.P. No. 2.

2. Heard learned counsel for the petitioner and the State.

3. The petitioner apprehends arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

4. As per the complaint case, marriage of the complainant was solemnized with this petitioner on 05.02.2013 but after marriage, all the named accused persons including this petitioner started demanding dowry and tortured and harassed the complainant for non-fulfillment of demand of dowry.

5. It is submitted on behalf of petitioner that the present case has been lodged due to petty family dispute. There

Patna High Court CR. MISC. No.84558 of 2023(5) dt.10-07-2024 2/2 is general and omnibus allegation of commission of assault against him and petitioner never demanded any dowry from the complainant. It is further submitted that the complainant has solemnized second marriage and at present, she is living with her second husband. Petitioner claims clean antecedent.

6. Considering the fact that complainant has solemnized second marriage, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Buxar in connection with Complaint Case No. 151(C) of 2013, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that: "Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below." (Prabhat Kumar Singh, J) Navya/- U T