Arun Kumar Sah @ Arun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11722 of 2020 Arising Out of PS. Case No.-186 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== ARUN KUMAR SAH @ ARUN SAH Son of Late Gautam Sah Resident of Village- Bhopatpur, P.S. - Nabiganj, District - Siwan, Presently residing at - Near Apex Bank, Mohalla - Zero, Circle - Zero, Lower Subansiri, Arunanchal Pradesh -791120.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Baikunthpur P.S. Case No. 186 of 2018 (G.R. No. 3219 of 2018), registered for the offence under sections 341, 323, 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per allegation in the FIR, the informant was married to one Munna Sah in the year 2014 and various articles as mentioned in the FIR were given by way of dowry. It is stated that after some time the husband and other relatives as described in the FIR as also this petitioner started to torture the informant

Patna High Court CR. MISC. No.11722 of 2020(2) dt.15-06-2020 2/3 for a demand of Rs. 1,00,000/-. The informant was abused and beaten up by the accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is not a member of the family of the father-inlaw of the informant and he has been implicated in the case because he was involved in the settlement of the marriage. The allegations as levelled in the FIR against the petitioner are false. He has no criminal antecedent and as would be evident from the statement made in paragraph no. 18 of the petition, the husband of the informant has been granted anticipatory bail by the learned court below.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the fact that the petitioner is not a member of the family and the husband of the informant has also been enlarged on anticipatory bail, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Baikunthpur P.S. Case no. 186 of 2018 (G.R. No. 3219 of 2018), he will be enlarged on bail on

Patna High Court CR. MISC. No.11722 of 2020(2) dt.15-06-2020 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T