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Patna High Court - Orders

Rohit Kumar vs The State Of Bihar on 17 June, 2025

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76391 of 2024
                    Arising Out of PS. Case No.-27 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Rohit Kumar Son of Raju Parsad R/O-Village Bihat Tola, Gurudaspur, Ward
                 No. 2, P.S. -Barauni, Dist.- Begusarai

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Runa Kumari Wife of Rohit Kumar and Daughter of Rohit Ray Resident
                 ofVillage- Bihat, Gurudaspur, Ward No. 21, Tola- Gurudaspur, P.S.- Barauni,
                 District- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Raj Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr.Nityanand, APP
                 For the O.P. No.2        :    Mr. Pritish Kr. Lal, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   17-06-2025

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in connection with Complaint Case no.27C of 2024 registered under sections 498A, 323, 504, 506 and 406 of the Indian Penal Code and Section ¾ of the D.P. Act.

3. As per the prosecution case, the informant states that her husband Rohit Kumar, the petitioner herein, started to assault the opposite party no.2 mentally and physically on account of non-fulfillment of demand of dowry and also ousted Patna High Court CR. MISC. No.76391 of 2024(4) dt.17-06-2025 2/3 her from matrimonial house.

4. Learned counsel for the petitioner at the outset denies the fact that any marriage had taken place between the petitioner and the opposite party no.2. As a matter of fact since the petitioner got a Government job, pressure was being employed upon him to marry and subsequently on refusal of the same, the present complaint has been lodged against the petitioner. Learned counsel for the petitioner further submits that the petitioner has also brought on record a certificate granted by the Temple, Vidyapati Dham which has been obtained through RTI and the same would show that no marriage had taken place on the alleged date i.e. on 03.05.2023 in the name of petitioner and the opposite party no.2. Neither any marriage has been registered in the marriage register nor any receipt has been issued to the effect. It would also appear from the statement of the victim/opposite party no.2 taken on solemn affirmation that on the Court question, she did not show any proof/certificate with regard to marriage.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the opposite party no.2.

6. Considering the aforesaid facts and circumstances Patna High Court CR. MISC. No.76391 of 2024(4) dt.17-06-2025 3/3 of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no.27C of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrat,Begusarai, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/-

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