Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3175 of 2024 Arising Out of PS. Case No.-164 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== Ramesh Kumar S/o Kapileshwar Mahto @ Kapleshwar Mahto R/o villHarbhanga, P.S-Lakhnour R.S.O.P, Distt.-Madhubani ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi W/o Ramesh Kumar R/o vill-Katmakhor, P.S-Lakhnaur R.S.O.P, Distt.-Madhubani ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Bharti, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 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 341, 323, 504, 506, 498A and 34 of the Indian Penal Code.

3. As per the prosecution case, marriage of the petitioner was solemnised with opposite party no.2 in 2015. Later on, petitioner along with other family members committed torture on opposite party no.2 due to non-fulfilment of dowry demand.

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. As a matter of fact, opposite party no.2 has already performed second marriage and is enjoying marital life. To this effect, petitioner has also filed Informatory petition no.52 of 2022 in the court below. However, petitioner is ready to keep

Patna High Court CR. MISC. No.3175 of 2024(6) dt.29-11-2024 2/2 the victim in matrimonial house with honour and dignity. 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.

5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within 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 Sub Divisional Judicial Magistrate, Madhubani in Lakhnaur (R.S.O.P.) Police Station Case No. 164 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T