Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28743 of 2025 Arising Out of PS. Case No.-407 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Pappu Kumar S/o Ganesh Prasad R/o Village- Patut, PS- Rani Talab, DistrictPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumita Kumari @ Sunita Kumari W/o Pappu Kumar, D/o Shiv Kumar Singh R/o vill - Patut, P.S.- Rani Talab, Distt.- Patna. Present Address vill - Manjhauli, P.O. - Akhtiyarpur, P.s. - Bikram, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner as well as counsel for the respondent-State.

2. This is the first anticipatory bail application preferred by the petitioner to apprehend his arrest in connection with Rani Talab P.S. Case No. 407 of 2023 registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

3. According to the case of prosecution, marriage between the informant and the petitioner was solemnized in the month of April, 2021 since, the petitioner was posted at Vishakhapatnam therefore, both of them decided to reside at Vishakhapatnam, allegedly, after some time other other co-

Patna High Court CR. MISC. No.28743 of 2025(2) dt.07-05-2025 2/3 accused persons i.e. in-laws of the informant also reached there. It is further alleged that the petitioner along with his family members on account of demand of dowry committed cruelty with the informant Sunita Kumari. It is further alleged that they threatened the informant that if the demand made by them is not fulfilled then she will be ousted from the house. Subsequently, village panchayat was convened and after compromise the present applicant again took the victim with him. It is further alleged that thereafter again applicant and his family members did cruelty with the petitioner and due to that she left her sasural in the month of July, 2023 and lastly, she made a report on 05.12.2023 and on the basis of such complaint the offences has been registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and is falsely implicated in this case. The complainant wife left the house of the petitioner and reside separately in her maika since July, 2023. FIR has been alleged after 5-6 months thereafter and there is a possibility of settlement between both the parties therefore, it is prayed that the applicant may be granted benefit of anticipatory bail.

5. Counsel for the respondent no. 2 i.e. wife opposes the prayer made by the counsel and submit that the respondent

Patna High Court CR. MISC. No.28743 of 2025(2) dt.07-05-2025 3/3 no. 2 is ready to reside with the petitioner. Therefore, he may be directed to took her with him.

6. Considering the submissions put forth by both the counsels and particularly considering the fact that there are so many litigations pending between both the parties and in this case the FIR has been alleged after six months from the alleged incident, I am of the view that the petitioner should be granted the benefit of anticipatory bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Rani Talab P.S. Case No. 407 of 2023 subjects to the conditions as laid down under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. (Arvind Singh Chandel , J) Siddharth Soni/- U T