Chandan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29198 of 2019 Arising Out of PS. Case No.-753 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Chandan Pandit, Son of Dinesh Pandit, Resident of Village - Ahiyapur, P.S.- Noorsarai, O.P.- Dahpar, Distt - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi, Wife of Chandan Pandit, D/o Late Suresh Pandit, Resident of Village - Ghosranwa, P.S.- Giriyak, Distt - Nalanda. At present wife of Guddu Pandit, S/o Babloo Pandit, resident of village - Mohabbatpur, P.O. - Panhesa, Panchayat- Mohabbatpur, P.S.- Shekhopur Sarai, Distt - Sheikhpura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 753-C of 2016, disclosing offence under Section 498A of IPC.

As per complaint petition lodged by the complainant-wife is that she was married with the petitioner in the year 2012 and she went to her Sasural but the brother of the petitioner-husband tortured her and she made complain to the petitioner but he paid no heed to that and submitted that he is Karta of the family. It is an allegation that she was asked to supply the liquor, as the father of the petitioner is engaged in liquor trade business.

Submission of the learned counsel for the petitioner is that

Patna High Court CR. MISC. No.29198 of 2019(4) dt.07-08-2019 2/2 there is no allegation that petitioner has subjected her to any type of cruelty or harassment with respect to demand of dowry, rather the allegation is that she was forced to supply the liquor and one of the brother of petitioner was misbehaving with her. Further, submission is that he is still ready to keep her with dignity and care. As a matter of fact, the complainant has already married with another person. Heard learned A.P.P. also.

In this case, notice was issued to the opposite party no.2 and she has appeared and filed Vakalatnam but no one appears on her behalf.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M. VI, Nalanda at Biharsharif, in connection with Complaint Case No. 753-C of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T