Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 58699 (PAT)

Suraj Saw @ Suraj Sawa v. The State of Bihar

CR. MISC./51007/2024 · 2025-03-20

S B P Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51007 of 2024 Arising Out of PS. Case No.-919 Year-2022 Thana- COMPLAINT CASE District- Jamui ====================================================== Suraj saw @ suraj sawa son of late sunil saw village -shankar nagar, ps -dhansar district -dhanbad ... ... Petitioner/s Versus 1. The State of Bihar 2. Nisha Kumari Wife Of Suraj Saw Village- Nima Rang, Ps- Jamui, Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Adv. : Mr. Amar Kumar, Adv. : Ms. Deepshikha, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 6 20-03-2025 In pursuance to the earlier order dated 13.02.2025, both the parties appeared with their respective counsel in Chambers proceeding. 2. Heard the parties. 3. The petitioner is apprehending his arrest in connection with Complaint Case No. 919 of 2022 for the offence under Sections 323, 504 and 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. 4. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant Patna High Court CR. MISC. No.51007 of 2024(6) dt.20-03-2025 2/3 from her matrimonial house due to non-fulfillment of dowry demand. 5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. Petitioner has never demanded any dowry from the complainant and for that never tortured her. He further submits that there is general and omnibus allegation against the petitioner, no specific acquisition or overt act against the petitioner. 6. Learned Additional Public Prosecutor opposes the prayer of anticipatory bail. 7. During course of argument learned counsel for the petitioner submits that petitioner is ready to take his wife and keep her with full honour and dignity. Opposite party no. 2 is not ready to go with his husband without any just and cogent reason. 8. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M. Jamui in Patna High Court CR. MISC. No.51007 of 2024(6) dt.20-03-2025 3/3 connection with Complaint Case No. 919 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T