Chandan Kumar @ Chandar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9337 of 2024 Arising Out of PS. Case No.-596 Year-2022 Thana- SONEPUR District- Saran ====================================================== Chandan Kumar @ Chandar S/o Harendra Ram R/o Vill - Sabalpur P.S. - Sonpur, Dist. - Saran (Bihar) ... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Kumari D/O Banarsi Ram, Resident of Village- Shekh Dumari; Police Station- Naya Gao; District- Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Tej Singh, Advocate For the State :
Mr. Upendra Kumar, APP For Opposite Party No.2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on behalf of informant/Opposite Party No. 2.
3. The petitioner, husband of the informant/Opposite Party No. 2, apprehends his arrest in a case registered for the offence punishable under Sections 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
4. As per the prosecution case, this petitioner is alleged to have committed torture and harassment upon the informant/ Opposite Party No. 2 due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.9337 of 2024(4) dt.19-06-2024 2/3
5. Learned counsel appearing on behalf of the petitioner, while denying the allegations made in the F.I.R., submits that the petitioner has been falsely implicated in this case merely because he is husband of the informant/Opposite Party No. 2. However, it is submitted that the petitioner is ready to keep the informant/Opposite Party No. 2 at her matrimonial house with honour and dignity. It is further submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.
6. Considering the aforesaid facts and circumstances of the case, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, in connection with Sonepur P.S. Case No. 596 of 2022, subject to the conditions, as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.9337 of 2024(4) dt.19-06-2024 3/3 Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T