Pappu Kumar @ Pappu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4521 of 2024 Arising Out of PS. Case No.-668 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Pappu Kumar @ Pappu Sah Son Of Harihar Sah Resident Of Village - Rehi, P.O. - Bhanpur, P.S. - Dinara, District - Rohtas ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Lilawati Devi Wife Of Pappu Kumar @ Pappu Sah, D/O. Prem Prakash Gupta Resident Of Village - Rehi, P.O. - Bhanpur, P.S. - Dinara, District - Rohtas, At Present Resident Of Village - Takiya, P.O. - Takiya Bazar, P.S. - Sasaram Town, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Tripathy For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Rabindra Kumar. 2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code and Sections 3 and 4 of the D.P Act.
3.
Learned counsel for the petitioner submits that from perusal of the office report dated 15-4-2024, it would manifest that the same records that the ordinary notice has been received by the father of the OP No. 2.
4.
Since the ordinary notice has been received by the
Patna High Court CR. MISC. No.4521 of 2024(3) dt.25-04-2024 2/3 father of the OP No. 2, hence the notice is deemed to have been validly served.
5.
Learned counsel for the petitioner submits that petitioner, being husband, has falsely been implicated in the instant case by the informant. It is next submitted that the allegation of demand of dowry is general and omnibus in nature. It is further submitted that normal wear and tear of life has been portrayed as an offence. It is next submitted that petitioner is willing to keep the OP No. 2 with honour and dignity but then the OP NO. 2, despite receiving notice validly, chooses not appear and contest, which amply demonstrates that OP No. 2 is not interested in pursuing the case. The learned counsel next reiterates and submits that if the OP No. 2 will come back to her matrimonial home, the petitioner will keep her with honour and dignity.
6.
The learned APP, Mr. Rabindra Kumar, submits that petitioner is the husband and it is alleged that dowry was being demanded and the complainant was ousted from her matrimonial home but then also fairly submits that the OP No. 2 ought to have appeared after receiving the notice. 7.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.4521 of 2024(3) dt.25-04-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 668 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8.
However, the OP No. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner before this court in the event, if the petitioner shows his reluctance to keep the OP No. 2 with honour and dignity.
(Satyavrat Verma, J) SUMIT/- U T