Sonu Kumar Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18987 of 2022 Arising Out of PS. Case No.-664 Year-2020 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== SONU KUMAR PODDAR SON OF LATE VIJAY PODDAR R/O VILLAGE- KACHNA, P.S.- BARSOI, DISTRICT- KATIHAR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SUBO KUMARI D/O- LATE TUPO ROY R/O VILLAGE- MIRJADPUR, P.O.- FATEPUR, P.S.- BARSOI, DISTRICT- KATIHAR (BIHAR) MOB.- 7856910620 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghvendra Kumar Singh For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 498(A), 504/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
3. Despite valid service of notice, nobody appeared on behalf of Opposite Party No.2.
4. As per the prosecution case, all the accused persons including this petitioner tortured and harassed the complainant for non-fulfillment of demand of dowry.
5. It is submitted on behalf of petitioner that petitioner happens to be husband and denies the prosecution case. It is further submitted that during pendency of this case, Opposite
Patna High Court CR. MISC. No.18987 of 2022(5) dt.18-09-2023 2/2 Party No.2 has already solemnized marriage with some other persons. There is general and omnibus allegation. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
7. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, in connection with Complaint Case No. 664 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) sanjeev/- U T