Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20159 of 2021 Arising Out of PS. Case No.-488 Year-2018 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Sanoj Kumar Son Of Late Sudama Chaudhary R/O Village- Parsa, P.S.- Dariyapur, District- Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Julee Kumari Wife Of Sanoj Kumar R/O Village- Murliyachak, P.O.- Ismailpur, P.S.- Hajipur Sadar, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakash Chandra Jha For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Sections 341, 323,

Patna High Court CR. MISC. No.20159 of 2021(3) dt.15-02-2022 2/3 498(A), 494 of the Indian Penal Code.

The basic accusation is of torture for nonfulfillment of dowry demand and performing second marriage.

It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2016. It is further submitted that petitioner has not performed second marriage and he is ready to keep the complainant as wife with full dignity and honour. The petitioner has also filed a petition for restitution of conjugal life. A statement to that effect has been made in para 14 of the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.20159 of 2021(3) dt.15-02-2022 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 488 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.

(Sunil Kumar Panwar, J) Shageer/- U T