Patna High CourtCR. MISC./29188/2024bail granted

Chandan Sinha v. The State Of Bihar

2024-05-15Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29188 of 2024 Arising Out of PS. Case No.-9303 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandan Sinha, aged about 38 years, Gender- Male, son of Sri Ajay Kumar, resident of village- Nagina Nagar, Vasudeo Path, Near Baba Khatal, Kumhrar, PS- Agamkuan, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Manisha Patel, aged about 28 years, wife of Chnadan Sinha, resident of Village- Vijaruk Mohiuddinpur, Fatuha, PS- Fatuha, Dist- Patna, At P/AResiding At MIG 231, Hanuman Nagar, PS- Patrakar Nagar, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No.9303(C) of 2022 dated 02.08.2022, instituted under Sections 498-A of the Indian Penal Code.

3. The allegation against the petitioner is of torturing the complainant on account of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner has filed a Divorce Case bearing Divorce Case No.52 of 2022 on 12.01.2022 and after receiving the notice of the divorce case the

Patna High Court CR. MISC. No.29188 of 2024(2) dt.15-05-2024 2/2 complainant has filed the present complaint on 02.08.2022. It is further submitted that the petitioner is presently working as Branch Manager in Indian Overseas Bank while the opposite party (complainant) is working as Software Developer in Logic ERP Solution Private Ltd. and is posted at Mohali, Chandigarh. Further submission is that both the families are highly educated having sound source of income from their job and there is no question of demanding any dowry. Lastly, it is submitted that the petitioner has clean antecedents.

5. Learned APP has opposed the prayer for bail.

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, Patna, in Complaint Case No.9303(C) of 2022, 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