Patna v. The State Of Bihar

The State Of Bihar Rashmi Jha Wife Of Raman Mishra R/O- Shakuntla Palace, Plot No. 301, Bakarganj, P.S.- Gandhi Maidan, Patna-800001 ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA Mr. Kishore Kunal, Advocate Mr. Umeshanand Pandit, APP ORAL ORDER 2 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the appellant seeks permission to correct the sections mentioned in paragraph 1 as well as prayer portion of the bail application in course of the day. Permission is granted.

The petitioner apprehends arrest in connection with Complaint Case No. 7146 (C) 2022 dated 14.06.2022, instituted for the offence punishable under Sections 498 A, 494 of the Indian Penal Code.

The allegation against the petitioner is that after birth of a girl child in the year 2006, the petitioner and his Patna High Court CR. MISC. No.53816 of 2024(2) dt.31-08-2024 mother assaulted and verbally abused the informant. It is further alleged that the petitioner demanded Rs. 10 lakh and assaulted the complainant when the demand was not fulfilled. It is further alleged that petitioner entered into illicit relationship with a girl of the hostel and when complainant objected, she was assaulted by the petitioner. It is further alleged that petitioner married with a girl namely, Saloni. Later on, the petitioner filed a matrimonial case against the complainant.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further stated that petitioner is a teacher of mathematics in a private school. It is further submitted that petitioner has filed Matrimonial Case No. 69 of 2022 for judicial separation with O.P. No. 2 on the ground of cruelty before filing of the present complaint case. It is next submitted that both the children of the complainant are residing with the petitioner. It is further submitted that the present case has been lodged after 18 years of their marriage. It is also submitted that this case has been lodged due to filing of matrimonial case bearing Matrimonial Case No. 69 of 2022. When the complainant received notice, she filed the instant false and concocted case against the petitioner. It is further stated that all Patna High Court CR. MISC. No.53816 of 2024(2) dt.31-08-2024 allegations levelled against the petitioner are general and omnibus in nature. Lastly, it has been submitted that petitioner has no criminal antecedents.

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

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 7146 (C) 2022, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class at Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C. Sankalp/- U T (Khatim Reza, J)