Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31282 of 2021 Arising Out of PS. Case No.-1100 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== SUSHANT KUMAR S/o Late Baidhnath Ram R/o Mohalla- Nakchhed Tola Gandhi Nagar, Ward No. 02 (Near Gayan babu Chowk), P.S.- Motihari Town, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuradha Kumari D/o Shambhu Ram R/o village- Chhawani, P.S.- Manuapur, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

It is a case of cruelty due to non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.31282 of 2021(2) dt.16-02-2022 2/2 that the petitioner has falsely been implicated in this case. He further submits that the petitioner has filed a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act vide Matrimonial Case No. 212 of 2018 and he is ready to keep his wife with all amenity and respectful. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Champaran, Bettiah in connection with Complaint Case No.1100-C of 2018/SC No. 1350 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T