Chandan Sah @ Chandan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11824 of 2020 Arising Out of PS. Case No.-2141 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== CHANDAN SAH @ CHANDAN KUMAR SAH S/O Sri Rambriksha Sah R/O Village - Gopalpur, P.S.- Kalyanpur, District - Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanju Devi W/O Chandan Sah @ Chandan Kumar Sah D/O Late Bachchu Sah, R/O Village - Gopalpur, P.S.- Kalyanpur, District - Samastipur. Presently residing at village Nauwachak, P.S. - Patepur, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwajeet Singh For the State :
Mr. Damodar Prasad Tiwary For the O.P. No.2 : Mrs. Rupa Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State assisted by learned counsel for the opposite party no.2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379, 307 & 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the
Patna High Court CR. MISC. No.11824 of 2020(7) dt.07-11-2022 2/3 dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case C1 No.2141/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.11824 of 2020(7) dt.07-11-2022 3/3 reconciliation or for one time settlement.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T