Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15324 of 2020 Arising Out of PS. Case No.-47 Year-2016 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== CHITRANJAN KUMAR Son of Guljari Paswan R/o - Kudrasi, P.S.- Rampur Chauram, Distt.- Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Kumari Daughter of Late Ram Naresh Paswan R/o vill.- Korium, P.S.- Arwal, Distt.- Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.47 of 2016 registered under Section 498A of the Indian Penal Code and under Sections 3⁄4 of Dowry Prohibition Act. The complainant alleged that the petitioner(her husband) and other in-laws subjected her to physical and mental torture due to non-fulfillment of additional demand of dowry. The accused persons ousted her from her matrimonial house. The learned counsel for the petitioner submits that the petitioner is the husband of the complainant. The petitioner married with the complainant on 25.04.2006. Petitioner is a Constable in Bihar Police. The father of the complainant died

Patna High Court CR. MISC. No.15324 of 2020(2) dt.09-09-2020 2/3 and thereafter the complainant got employment on compassionate ground since then she has been living in the house of her parents. She does not want to live with the petitioner. The complainant wants that the petitioner should also live with her in her parent's house and only on account of this fact, she filed complaint case making false and frivolous allegation that too after ten years of her marriage with the petitioner.

Mr. Yogendra Kumar Singh, learned A.P.P. opposed the prayer for anticipatory bail.

It appears that marriage of the petitioner with the complainant was solemnised on 25.04.2006 and the complainant got two children. The petitioner got employment in Bihar Police in 2010 but the complainant did not make any allegation of demand of dowry and torture during that period and she filed a complaint case only in the year 2016 when she got employment on compassionate ground after death of her father. Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.,

Patna High Court CR. MISC. No.15324 of 2020(2) dt.09-09-2020 3/3 Arwal in connection with Complaint Case No.47 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T