Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18628 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== SANOJ KUMAR Son of Devaki Rai Resident of Village-Paharichak, P.S.- Sonepur, District-Saran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sujata Kumari D/o Surendra Chaudhary, wife of Sanoj Kumar Resident of Village-Majhouli, P.S.-Bidupur, District-Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2019 Heard learned counsels for the petitioner and the complainant.

The petitioner, being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 379 and 498A/34 of the IPC and Section 4 of the Dowry Prohibition Act.

The prosecution case as per the complaint petition is that the complainant was married with the petitioner on 22.1.2018 as per Hindu rites, but subsequent to the marriage, due to nonfulfillment of further dowry demand, torture was inflicted upon her.

Patna High Court CR. MISC. No.18628 of 2019(4) dt.26-06-2019 2/3 It is submitted by learned counsel for the petitioner that the marriage was forcefully performed. The petitioner was kidnapped at the hands of the complainant side for which the mother of the petitioner filed Sonepur P.S. Case No. 57 of 2018 with the accusation under Sections 347 and 365 of the IPC wherein statement of the petitioner under Section 164 of the Cr.P.C. was recorded on 30.1.2018 wherein he has alleged forceful marriage and thereafter the present complaint was filed on 1.2.2018. It is further submitted that the marriage has never been consummated.

Learned counsel for the complainant submits that as per own statement of the petitioner, the performance of marriage has not been denied and if the marriage is not denied, the offence under Section 498A of the IPC is made out.

Considering the rival submissions of the parties and keeping in view the fact that the FIR was lodged by the mother of the petitioner with the accusation of kidnapping of the petitioner at earlier point of time and thereafter the complaint was filed, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.18628 of 2019(4) dt.26-06-2019 3/3 the learned SDJM, Hajipur at Vaishali in connection with Complaint Case No.C 1-226 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U