Ravish Kumar @ Ravis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77150 of 2019 Arising Out of PS. Case No.-808 Year-2018 Thana- COMPLAINT CASE District- Banka ====================================================== Ravish Kumar @ Ravis Kumar Son of Bhaso Yadav Resident of VillagePratappura, P.S.- Shambhuganj, District- Banka. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Manisha Devi Wife of Ravish Kumar, Daughter of Basuki Yadav Presently residing at Barsabad, P.S.- Shambhuganj, District- Banka. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-06-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned senior counsel for the complainant O.P. No. 2 via video conferencing. The petitioner has filed the present application for grant of pre-arrest bail in connection with Complaint Case No. 808 of 2018, in which cognizance has been taken for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

It is submitted by the learned counsel for the petitioner that no offence as alleged had ever taken place and the petitioner has been made scapegoat in the instant case by the complainant with ulterior motive to create undue pressure upon

Patna High Court CR. MISC. No.77150 of 2019(4) dt.23-06-2020 2/3 him to accept her as wife. The petitioner never married with the complainant as per Hindu rites or rituals. The true fact is that after having knowledge that the petitioner has been selected in the Indian Army, the family members of the complainant forcibly caught hold of him when he was coming from the market and got his marriage solemnized on the point of pistol at Shiva Mandir situated at a lonely place.

On the other hand, learned senior counsel appearing for the complainant has opposed the application for grant of prearrest bail to the petitioner. He contended that the marriage had taken place on 12.07.2016 in the premises of temple situated at Maheshpur Pahar and after the marriage, the complainant was taken to her in-laws house and led her happy conjugal life but, during this period, her husband got job in Army and after joining in Army, the complainant's husband and other in-laws changed their behaviour and started demanding Rs. 10 lacs and a motorcycle and due to non-fulfillment of the same, they subjected her to cruelty.

Be that as it may, regard being had to the nature of allegation and the rival submissions made on behalf of the parties, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail, on

Patna High Court CR. MISC. No.77150 of 2019(4) dt.23-06-2020 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka in connection with Complaint Case No. 808 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Ashwani Kumar Singh, J) rohit/- U T