Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34508 of 2024 Arising Out of PS. Case No.-765 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== Sanjay Kumar Son Of Late Banaras Prasad Resident Of Village- Dighaut, PsSikandara, Distt- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Meena Kumari Wife Of Sanjay Kumar Resident Of Village- Aliganj, PsChandradeep, Distt- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :
Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 765 of 2021 for the offence under Sections 498A and 504 of the I.P.C. and Section 3/4 of Dowry Prohibition Act.
3. As per the prosecution story, informant - Meena Kumari has alleged that her marriage was solemnised with the petitioner on 22.04.2015. During her matrimonial life, informant became aware of the fact that her husband was already married with another lady and a matrimonial dispute is pending between her husband and his ex-wife. She opposed, then she has been subjected to torture by her husband and mother-in-law. On
Patna High Court CR. MISC. No.34508 of 2024(5) dt.12-02-2025 2/3 15.10.2018 she was driven out from her matrimonial house.
4. Learned counsel for the petitioner submits that, the petitioner is innocent and has committed no offence as alleged in the Complaint petition. There is no specific allegation of torture or demand of dowry against the petitioner. Learned counsel further submits that opposite party no. 2 had herself left the house of the petitioner and she fild a petition before the learned court below on 15.07.2021 after three years of occurrence. Complainant has lodged this false and fabricated case after six years of marriage without any specific time and date of occurrence. In the whole complaint there is no date and time of the offence. The allegation against the petitioner are general and omnibus in nature.
5. Learned APP opposes the prayer for bail.
6. Earlier, this case was referred to the Mediation and Concilliation Centre, Patna High Court, Patna, where the matter has been settled amicably between the parties and to that effect, an agreement has been prepared on 30.01.2025 which is attached with the case record. From perusal of which, it appears that matter has amicably been settled. Learned counsel appearing on behalf of the complainant has also supported that fact that the matter has been compromised and the complainant
Patna High Court CR. MISC. No.34508 of 2024(5) dt.12-02-2025 3/3 is residing happily with her hsuband. Keeping in view the aforesaid facts, this Court is inclined to grant him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Complaint Case No. 765 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., (S. B. Pd. Singh, J) Ankit Kumar/- U T