Anand Shankar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9372 of 2019 Arising Out of PS. Case No.-2788 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Anand Shankar, aged about 42 years, Male, Son of Late Nathu Prasad @ Nathu Sah, Resident of Village Madanpur, Ward No.7, P.S. Araria, District Araria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, aged about 35 years, Female, Wife of Anand Shankar, Resident of Village Madanpur, Ward No. 7, P.S. Araria, District Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.2788 of 2017, for the offence allegedly committed by the petitioner under Section 498(A) of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act. The complainant herself alleged that she was married to the petitioner in the year 1995. She got appointment on the post of teacher in the year 2010 and thereafter her husband and other in laws subjected her to all sorts of torture on account of non-fulfillment of additional demand of dowry. Learned counsel for the petitioner submits that the complaint case was filed only after 22 years of marriage. In fact

Patna High Court Cr.Misc. No.9372 of 2019(2) dt.19-02-2019 2/2 the complainant herself left the house of the petitioner after getting appointment on the post of teacher and thereafter she filed the case.

Taking into consideration the facts aforesaid and the nature of allegations made against the petitioner and the fact that the complaint petition itself was filed after 22 years of marriage, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 S.D.J.M., Araria in connection with Complaint Case No.2788 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T