Pradeep Goswami @ Pradeep Goswanmi v. The State of Bihar
CR. MISC./47370/2024 · 2025-02-12
S B P Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52276 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52276 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47370 of 2024 Arising Out of PS. Case No.-60 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Pradeep Goswami @ Pradeep Goswanmi S/o Sri Mahendra Goswami R/o vill - Sitamarhi, ward no. 14, P.S. and Distt. - Sitamarhi ... ... Petitioner/s Versus
1. The State of Bihar
2. Arti Devi D/o Sri Ram Bilash Goswami R/o vill - Karor, P.S. - Cheriya Bariyarpur, Distt.- Begusarai. At Present R/O Court Bazar Mahabir Nagar ward no. 14, Dist.- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 12-02-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 60 of 2019 for the offence under Sections 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
3. As per the prosecution story, it is alleged that informant - Arti Devi was married with the petitioner – Pradeep Goswami in the month of March, 2015 as per the Hindu rituals and at the time of marriage sufficient dowry was provided but they started demanding dowry. A female child born from the wedlock on 06.05.2019. It is further alleged that in the year 2019 again she joined the matrimonial house but the accused
Patna High Court CR. MISC. No.47370 of 2024(3) dt.12-02-2025 2/3 persons continued the demand. It is also alleged that all accused persons assaulted her and with intent to murder, the accused persons sprinkled koresene oil over the body of the complainant and tried to burn her. When the complainant raised alarm, then neighbourers came and saved the complainant.
4. Learned counsel for the petitioner submits that earlier this matter was referred to Mediation Centre, Patna High Court where it is mentioned that due to non-appearance of opposite party no. 2 on five succeeding dates mediation failed. Today also none appeared on behalf of the complainant. The
learned counsel for the petitioner annexed ex-parte judgment in Matrimonial Case No. 133 of 2019 under Section 9 of Hindu Marriage Act in which decree has been passed in favour of petitioner for restitution of conjugal rights and complainant has been directed to go to the petitioner and perform conjugal obligation.
5. Learned APP opposes the prayer.
6. Keeping in view the aforesaid facts it appears that petitioner deserves to be enlarged on bail accordingly.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.47370 of 2024(3) dt.12-02-2025 3/3 (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge II, Begusarai in connection with Complaint Case No. 60 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
prabhakar/- (S. B. Pd. Singh, J) U