Patna High Court – Orders
Ravi Anand vs The State Of Bihar on 17 March, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79117 of 2023
Arising Out of PS. Case No.-123 Year-2023 Thana- MOKAMAH District- Patna
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RAVI ANAND son of Pravin Chandra Chaudhary Village- 197/1 68, Trivant
Kutir Near MES College Palman State Sancole Ps- Verna Dist- Goa South
Goa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pushpanjali Bhavya wife of Ravi Anand, D/o- Vijay Kumar Village-
Moldiyar Tola W.No-10, Ps- Mokama Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Dr. Indiwar Kumari
Mr. Manoj Kumar Pandey
Ms. Kumari Pallavi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
11 17-03-2025
1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the OP No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 420, 307,
323, 376, 498A, 379, 504 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
petitioner being husband has been falsely implicated in the
instant case by the informant, it is next submitted that informant
was married to the petitioner at Goa on 26-4-2021, thereafter it is
alleged that the petitioner used to take her to various clubs and
used to intoxicate her and thereafter unknown persons used to
Patna High Court CR. MISC. No.79117 of 2023(11) dt.17-03-2025
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establish physical relations with her and when she disclosed the
said fact to her parents, the accused person including the
petitioner tried to kill her by pouring kerosene oil, but somehow
she managed to save herself and thereafter it is alleged that
petitioner, in order to fabricate evidence, used the mobile of the
OP No. 2 and sent messages to different customers in order to
portray that it was the OP No. 2 who was instrumental in
committing the misdeeds.
4. The learned counsel for the petitioner submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that the same is cryptic, vague and does not inspire
confidence for the reason that the FIR does not disclose the name
of the club where the OP No. 2 was taken and was intoxicated for
the purposes of establishing physical relations, it is also
submitted that the allegation of torture and abuse is general and
omnibus in nature, it is further submitted that the entire
occurrence is alleged to have taken place at Goa, but then instead
of instituting an FIR at Goa, the instant FIR, which arises from a
complaint case, came to be instituted in Bihar, it is next
submitted that had the FIR been instituted at Goa, the Goa Police
would have been in a better position to investigate the case, but
then instituting the case within the jurisdiction of Patna with
respect to an occurrence alleged to have taken place at Goa and
Patna High Court CR. MISC. No.79117 of 2023(11) dt.17-03-2025
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that too with cryptic details, whether the Patna Police would be
in a position to even investigate the case fairly, it is also
submitted that the OP No. 2 in order to cover up her misdeed
very wisely implicated the petitioner with an allegation that he
used her mobile for the purposes of sending messages to
customers, it is next submitted that the marriage was an arranged
marriage, as such in absence of specific details, it is difficult to
believe the allegations.
5. Learned counsel for the petitioner next submits that
petitioner has filed Marriage Petition No. 88 of 2023 in the
learned Family Court, Goa, seeking divorce from the OP No. 2
on the grounds of adultery, it is further submitted that despite OP
No. 2 receiving notice in the said case, chose not to appear before
the learned Family Court, Goa, rather moved before the Hon’ble
Supreme Court by filing Transfer Petition Civil No. 926 of 2024
for transferring Marriage Petition No. 88 of 2023 to the State of
Bihar, it is submitted that the Hon’ble Supreme Court by its order
dated 26-9-2024 was pleased to dismiss the Transfer Petition
Civil No. 926 of 2024 filed by the OP No. 2, it is next submitted
that OP No. 2 now cannot take this plea that she does not have
any notice of the matrimonial case filed by the petitioner seeking
divorce on the ground of adultery before the learned Family
Court, Goa, it is also submitted that the case is proceeding ex
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parte and the judgement is awaited.
6. Learned counsel appearing on behalf of the
informant opposes the prayer for anticipatory bail of the
petitioner, but then is not in a position to rebut the submission of
the learned counsel appearing on behalf of the petitioner that the
allegation as alleged in the FIR is cryptic, vague and lacks in
essential details and the Transfer Petition Civil No. 926 of 2024
filed by the OP No. 2 seeking transfer of Marriage Petition No.
88 of 2023 has been dismissed by the Hon’ble Supreme Court.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned trial court where the case is
pending/successor court in connection with Mokama P.S. Case
No. 123 of 2023, subject to the conditions as laid down under
Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
SUMIT/-
U T
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