Sipak Kumar @ Sipak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3254 of 2025 Arising Out of PS. Case No.-2477 Year-2022 Thana- COMPLAINT CASE District- Araria ====================================================== Sipak Kumar @ Sipak, Son of Resham Lal Mandal, Resident of VillageDogariya, Ward No. 03, Police Station- Kochadhaman, District -Kishanganj ... ... Petitioner
Versus
1.
The State of Bihar 2.
Dulari Devi, Wife of Sipak Kumart @ Sipak, D/O- Shri Prasad Vishwash Resident of Baluwa, Ward No. 02, P.S.- Mahalgown (Jokihat), Distt.- Araria ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kundan Kumar Singh, Advocate.
For the State :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 2477 of 2022 dated 03.12.2022 filed for the offences punishable under Sections 323, 341, 379, 498-A, 504, 506 and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
3. As per allegation, subsequent to the marriage of the Complainant with the petitioner/husband, additional demand of dowry started and on account of non-fulfillment of the same, she was subjected to cruelty and ultimately ousted from the matrimonial home and no maintenance is being paid to her.
Patna High Court CR. MISC. No.3254 of 2025(3) dt.13-05-2025 2/3
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that on account of wear and tear of the marriage life, this false case has been filed. He also submits that the maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Complaint Case No. 2477 of 2022, subject to the conditions as
Patna High Court CR. MISC. No.3254 of 2025(3) dt.13-05-2025 3/3 laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T