Ramesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83412 of 2019 Arising Out of PS. Case No.-456 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Ramesh Das Son of Yogendra Das Resident of Village and P.O.- Chhatwara Khaspatti, P.S.- Mahua, District- Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Poonam Devi Wife of Ramesh Das, Daughter of Upendra Das Presently residing at Village and P.O.-Mohanpur, P.S.- Shahpur Patori, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Chandra Mohan Jha, Advocate For the State :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 456 of 2017 for offences under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Opposite party No. 2 was validly served notice but she has chosen not to appear in this case. The marriage of the petitioner with opposite party no. 2 is of the year 2004 and there is a grown-up girl also.

From reading of the impugned order, it seems that opposite party no.2 does not want to stay with the petitioner.

Patna High Court CR. MISC. No.83412 of 2019(4) dt.22-10-2021 2/2 Be that as it may, in view of the fact that this marriage is quite old and at this stage of marriage, chance of demand of dowry is very less and merely on the basis of the allegation of demand of dowry and assault without any supporting material including the injury report, the petitioner cannot be denied privilege of anticipatory bail.

Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 456 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T