Chandan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5576 of 2025 Arising Out of PS. Case No.-2022 Year-2011 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Chandan Thakur S/o Late Krishandeo Thakur Resident Of Village- Arnia, PS - Jandaha, Distt.- Vaishali ... ... Petitioner

Versus

1.

The State of Bihar 2.

Mamta Devi D/o Ashok Thakur R/o vill - Jadhua, P.S.- Hajipur Town, Distt.- Vaishali ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar, Advocate For the State :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Complaint Case No. 2022 of 2011 registered for the offences punishable under Sections 498(A) of the Indian Penal Code.

3. As per allegation, there is additional demand of dowry and on account of non-fulfillment of the same the Complainant/Wife has been subjected to cruelty by the petitioner/husband and ultimately she has been ousted from her matrimonial home.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5576 of 2025(2) dt.15-02-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the Complainant/Wife does not like the economic status of the petitioner and she left the matrimonial home of the petitioner on her own. He further 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 petition that the petitioner has been made accused in one other case.

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 learned Judicial Magistrate, Ist Class, Vaishali at

Patna High Court CR. MISC. No.5576 of 2025(2) dt.15-02-2025 3/3 Hajipur, in connection with Complaint Case No. 2022 of 2011, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, 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.) Chandan/- U T