Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20384 of 2025 Arising Out of PS. Case No.-512 Year-2024 Thana- COMPLAINT CASE - DANAPUR District- Patna ====================================================== Chandan Kumar Son of Nand Kumar Pandit Resident of Village- Kanchanpur Bihta, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 512C of 2024, filed for the offences punishable under Sections 323 and 498A of the Indian Penal Code.
3. As per allegation, subsequent to the marriage, there is additional demand of dowry and on account of nonfulfillment of the same, the complainant-wife has been subjected to cruelty by the petitioner-husband.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the marriage was solemnized in the
Patna High Court CR. MISC. No.20384 of 2025(2) dt.23-04-2025 2/3 year, 2009 and even one child is born out of the wedlock. He further submits that there is no truth in the allegation of demand of dowry and torturing therefor. As a matter of fact, the complainant-wife has got employed as a Nurse in the Hospital and thereafter, her behaviour has changed towards the husbandpetitioner, who is unemployed and hence, she want to get free of him and hence, this false case has been filed. He further submits that maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.4 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.20384 of 2025(2) dt.23-04-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Complaint Case No. 512C of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T