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Patna High CourtCR. MISC./3226/2025bail granted

Chunnu Kumar v. The State Of Bihar

2025-02-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3226 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== Chunnu Kumar S/o- Vipin Kumar Singh Village-Bahiwara Ps- Saraiya DistMuzaffarpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Vaishali (Belsar O.P) Police Station Case No. 197 of 2024, disclosing offences under Sections 376, 498(A), 504, 34 of the Indian Penal Code and Sections 3⁄4 of the D.P. Act.

3. As per the prosecution case, the informant was in love with the petitioner for the last one year and the petitioner used to insist upon the informant to establish physical relationship upon which the informant told him to marry her first failing which she would not allow him to establish physical relationship. It has further been alleged that on 10.12.2023, informant performed marriage with the petitioner at her parental home and thereafter, they started living as husband and wife but

Patna High Court CR. MISC. No.3226 of 2025(2) dt.19-02-2025 2/3 the petitioner did not take her to the matrimonial home of the informant. When the informant's father went to petitioner's house, then his parents made a demand of Rs. 10 lacs as a dowry.

4. Learned Counsel for the petitioner submits that the petitioner is admitting the marriage and is ready and willing to keep the informant as his wife with him in her matrimonial home.

5. On the other hand, learned counsel for the informant submits that if the petitioner is willing to keep the informant as his wife, the petitioner may be granted anticipatory bail subject to the condition that he will keep the informant as his wife in her matrimonial home and shall treat her properly.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are ready to amicably settle their dispute and the petitioner is ready to keep the informant as his wife with him in her matrimonial home and the informant is also ready and willing to live with the petitioner as her husband, I am inclined to grant the petitioner privilege of anticipatory bail subject to the condition that he will keep the informant as his wife and will treat her properly.

Patna High Court CR. MISC. No.3226 of 2025(2) dt.19-02-2025 3/3

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P) Police Station Case No. 197 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T