Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45044 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -BYPASS District- PATNA ====================================================== Chandan Kumar, son of Jai Prakash Mehta .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s : Mr. Sri Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A and 3/4 of the Dowry Prohibition Act.

Prosecution case is that the informant was married with the petitioner on 30.01.2016, but after one week of marriage for non-fulfillment of further dowry demand the informant was assaulted. On 3.3.2016, the petitioner and other in-laws family members entered into the room of the informant and made assault to her. The informant went into the kitchen and locked the door from inside to save herself. After some time, she heard some noise

Patna High Court Cr.Misc. No.45044 of 2016 (2) dt.19-10-2016 2/3 when she opened the door she saw her husband inflames when the informant tried to rescue her husband the accused persons also tried to cause burn injury to her but somehow the informant took her husband to NMCH for treatment.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant but the informant and her brother caused burn injuries to the petitioner on 03.03.2016 for which the petitioner lodged Alamganj P.S. Case No.73/2016 on 04.03.2016 levelling accusation under sections 307/34 of the Indian Penal Code, against the informant and his family members and thereafter maliciously the present case has been lodged on 09.03.2016.

Considering the case being lodged by the petitioner at earlier point of time against the present informant wherein the petitioner was caused burn injury at the hands of informant's side, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, in connection

Patna High Court Cr.Misc. No.45044 of 2016 (2) dt.19-10-2016 3/3 with By Pass P.S. Case No.36/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T