Saurav Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27950 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Saurav Anand, Gender- Male, aged about 30 years, S/O Dr. Jai Prakash Gupta, R/O Chaudharana Road, Indira Bhawan, P.S- Danapur, Distt.- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kadamkuan PS Case No.686 of 2023 dated 08.10.2023, instituted under Sections 494, 498-A of the Indian Penal Code.
3. The prosecution case, in short, is that the marriage of the informant was solemnized with the petitioner on 26.06.2018 as per Hindu rites and rituals. The father of the informant had spent rupees seventeen lakhs in marriage. When she went to her matrimonial home, her husband and his family members started demanding a Scorpio vehicle and rupees ten lakhs in cash. She was subjected to torture and cruelty due to non-fulfillment of the said demand. She has been living in her paternal house since July, 2018, but her husband neither came to
Patna High Court CR. MISC. No.27950 of 2024(2) dt.20-05-2024 2/3 look her nor gave any money for her expenses. Earlier, she had filed a complaint case bearing Complaint Case No.656-C of 2020 agaisnt the petitoner and his family members. It is also alleged that her husband has, now, performed second marriage with one Shruti Gupta without giving any information to her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is also submitted that for the same offence two cases i.e., Complaint Case No.656-C of 2020 under Section Indian Penal Code 498-A/34 and the present one have been filed by the informant/complainant. The petitioner has been granted anticipatory bail in Complaint Case No.656-C of 2020 vide order dated 22.11.2021 passed in Cr. Misc. No.58214 of 2021 and the present case has been filed almost with the same allegation. Learned counsel further submits that Section 494 of the Indian Penal Code is bailable and the allegation of second marriage is completely false, frivolous and concocted which has been added with ulterior motive to file another case. Lastly, it is submitted that the petitioner has one criminal antecedent which was filed against him by the same informant/complainant in which he is already on bail.
5. Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.27950 of 2024(2) dt.20-05-2024 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, No.14, Patna, in Kadamkuan PS Case No.686 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T