Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15402 of 2022 Arising Out of PS. Case No.-1069 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Anand Kumar Son Of Madan Lal Sah Resident Of Village - Kamalpura, P.S.- Paroo, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari W/o Anand Kumar, D/o Mittal Sah Resident of Village - Ajijpur Kothi, P.s.- Saraiya, Distt.- Muzaffarpur. At present address- B 369, Jahangirpuri, P.s.- Jahangirpuri, New Delhi, Mob.- 927 895 1083 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjana For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Sections 341, 323, 504, 498(A) of the Indian Penal Code.

The accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.15402 of 2022(3) dt.07-11-2022 2/3 this case since he happens to be the husband of the complainant. The complainant herself has left the matrimonial house and started residing at her parents' house in Delhi. The petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition.

It appears that vide order dated 12.09.2022, notices were issued to the complainant/O.P. No. 2. The office note dated 03.11.2022 suggests that the notices issued to the O.P. No. 2 has been returned because the complainant was not available on the address mentioned in the complainant petition.

In the facts and circumstance of the case, 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 each to the

Patna High Court CR. MISC. No.15402 of 2022(3) dt.07-11-2022 3/3 satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Complaint Case No. 1069 of 2021, 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 to that effect before learned Court below. On receiving such a petition, the learned Court below will issue notice to the petitioner when the petitioner will be under an obligation to comply the undertaking given before this Court to keep the complainant as wife with full dignity and honour. (Sunil Kumar Panwar, J) Shageer/- U T