Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1384 of 2025 Arising Out of PS. Case No.-1106 Year-2023 Thana- COMPLAINT CASE District- Jamui ====================================================== Pawan Kumar S/o- Rajendra Pandey @ Krishna Pandey R/o - Jamui, P.S And District - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pritam Kumari W/o- Pawan Kumar, D/o- Ranjeet Pandey P/A- Mahadev Simariya Ps- Sikandara Dist- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the State :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.

3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 498A, 504, 506 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

4. The prosecution case in brief is that the marriage of the complainant was solemnized with the petitioner on 29.11.2021 and after sometime of marriage, this petitioner along

Patna High Court CR. MISC. No.1384 of 2025(3) dt.20-03-2025 2/3 with others co-accused persons started demanding dowry and on refusal assaulted and ousted her from the matrimonial home.

5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged only with a view to harass the petitioner. There is general and omnibus allegation of commission of assault against him. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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. Petitioner claims clean antecedents.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from

Patna High Court CR. MISC. No.1384 of 2025(3) dt.20-03-2025 3/3 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 J.M.- 1st Class, Jamui, in connection with Complaint Case No. 1106(c) of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T