Abhay Kumar vs The State Of Bihar
2021 Latest Caselaw 4037 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 78092 of 2019
        Arising Out of PS. Case No.-331 Year-2019 Thana- RAHUI District- Nalanda
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Abhay Kumar, aged about 34 years, Male Son of Suresh Prasad, Resident of Shahpur, PS Rahui, District - Nalanda.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Satya Ranjan Sinha, Advocate
 For the State            :        Ms. Gulnar Begum, APP
 For the Informant        :        Mr. Hansraj, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Satya Ranjan Sinha, learned counsel for

the petitioner; Ms. Gulnar Begum, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Hansraj, learned counsel for the informant.

3. The petitioner apprehends arrest in connection with

Rahui PS Case No. 331 of 2019 dated 27.08.2019, instituted

under Sections 498A, 323, 324, 325 and 307/34 of the Indian

Penal Code.

4. The petitioner, who is the husband of the informant,

along with his other family members is accused of assault, torture Patna High Court CR. MISC. No.78092 of 2019 dt.10-08-2021

and demand of dowry of Rs. 5 lakhs and further of driving her out

of the matrimonial home.

5. Learned counsel for the petitioner submitted that it is

the informant who is not wanting to live with the petitioner as she

keeps going to her parents' house. It was submitted that in the

FIR, it has been stated that Rs. 18 lakhs was spent on the

marriage, which is false for the reason that the petitioner is in job

in a private firm and, thus, there was no occasion for the family of

the informant spending so much money on him in the marriage.

Learned counsel submitted that prior to the filing of the present

case, the petitioner had filed Informatory Petition No. 1592 of

2019, before the Chief Judicial Magistrate, Nalanda at Biharsharif

on 18.07.2019 apprehending false implication. Learned counsel

submitted that the petitioner has also filed Rahui PS Case No. 330

of 2019 on 27.08.2019, alleging that a day prior at night, the

family members of the informant had come to his place and had

assaulted the inmates and had also forcibly taken his mother to the

village of the informant where her hair was cut. Learned counsel

submitted that the petitioner all along has been ready to keep the

informant but she is not cooperating due to negative influence of

her relatives.

Patna High Court CR. MISC. No.78092 of 2019 dt.10-08-2021

6. Learned APP submitted that as per the allegation, the

petitioner is creating obstacle in the matrimonial relationship and

creating a situation where the informant is unable to live in the

matrimonial home.

7. Learned counsel for the informant submitted that the

petitioner is a very shrewd person and right from the beginning, he

has been creating issues and situations so that the informant may

leave the matrimonial home. It was submitted that after assault,

the informant had to be admitted to PMCH where she was treated

for various injuries caused by torture and assault by the petitioner

and his family members. Learned counsel submitted that in the

past several attempts were made by this Court by directing the

petitioner to take the informant with him to the matrimonial home

but initially, he took her to a boys hostel where there was a

common toilet shared with other male inmates and thereafter

when the turn came to take her to a separate house, the same was

without any provisions and even as per the latest exercise, the

petitioner had come to the house of the informant on 16.07.2021

and had asked her to follow her as he was on a scooty, but on the

way, he disappeared and the informant kept waiting at his place

which was locked and he did not turn up and even the role of the

police has not been proper for which she has also submitted a Patna High Court CR. MISC. No.78092 of 2019 dt.10-08-2021

petition before the Superintendent of Police, Nalanda. Learned

counsel submitted that the conduct of the petitioner is clear proof

that he is somehow trying to avoid taking responsibility of the

informant and keep her as his wife in the matrimonial home.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that repeatedly it has given indulgence and chance to the

petitioner to live up to his commitment that he is ready to keep the

informant with him for which exercise was directed many times

and every time, the Court finds that due to some shortcoming on

the side of the petitioner, such exercise failed and even with regard

to the last exercise, the informant has brought photographs on

record showing that she is waiting outside the locked gate of the

house where the petitioner was to take her but he did not turn up.

Further, the Court finds that from the allegations and materials on

record and what has come during the course of hearing, it cannot

be said that the allegations made are frivolous and fit to be

dismissed at the threshold. Further, from the conduct of the

petitioner before the Court where, despite over indulgence given

to him, the exercise which was directed by the Court, that too at

the behest of the petitioner, has failed primarily because of the

conduct of the petitioner. Thus, taking an overall view in the Patna High Court CR. MISC. No.78092 of 2019 dt.10-08-2021

matter, the Court is not inclined to grant pre-arrest bail to the

petitioner.

9. Accordingly, the petition stands dismissed.

10. Interim protection granted to the petitioner under

order dated 20.07.2020, stands vacated.

11. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears

before the Court below and prays for bail, the same shall be

considered on its own merits, in accordance with law, without

being prejudiced by the present order.

12. Coming to the other issue where there is serious

allegation of the role of the SHO of Silao PS for which the father

of the informant has filed an application before the Superintendent

of Police, Nalanda on 31.07.2021, copy of which is Annexure R/1

of the 6th supplementary counter affidavit filed on behalf of the

informant, let the Superintendent of Police, Nalanda file a detail

report on the same. It is made clear that if the Court finds that the

Superintendent of Police, Nalanda has not taken serious note of

the allegations made and has not conducted a thorough and proper

inquiry into the matter, the Court may take serious judicial note

and appropriate action in the matter for which the Superintendent

of Police, Nalanda shall also have to take responsibility.

Patna High Court CR. MISC. No.78092 of 2019 dt.10-08-2021

13. Such report be submitted to the Court through the

learned APP who shall file it latest by 31 st August, 2021 and the

matter be listed on 4th September, 2021, among the top five cases,

only for the purpose of considering the report of the

Superintendent of Police, Nalanda.

14. Learned APP shall communicate the order to the

Superintendent of Police, Nalanda.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T