Binod Kumar @ Binad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27382 of 2020 Arising Out of PS. Case No.-702 Year-2019 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

BINOD KUMAR @ BINAD KUMAR Son of Badri Narayan Resident of Village- Bandachak, P.O.- Khanwan, P.S.- Narhat, District- Nawada. 2.

Anirudh Kumar @ Pramod Kumar @ Parmod Kumar Son of Badri Narayan Resident of Village- Bandachak, P.O.- Khanwan, P.S.- Narhat, DistrictNawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Kumari D/o Ramkhelawan Resident of Village- Kanungo Bigha, P.O. Ankari, P.S.- Narhat, District- Nawada.

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

For the Petitioner/s :

Mr. Rohit Kumar, Adv.

Mr. Manish Kumar no. 13, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 702 of 2019, filed under sections 498 A and other sections of the Indian Penal Code. As per allegation in the complaint, the complainant was married to the younger brother of the two petitioners herein in the year 2007. It is stated that she was physically and mentally tortured and threatened that if the demand of Rupees

Patna High Court CR. MISC. No.27382 of 2020(2) dt.15-01-2021 2/3 ten lakhs by way of dowry was not fulfilled, her husband would perform second marriage. It is further stated that her husband married for a second time with one Vandana.

It is submitted by learned counsel for the petitioners that the petitioners happen to be the elder brother of the husband of the complainant. The allegations are mainly against the husband and so far as the others are concerned, the allegations are general and omnibus in nature. It is submitted that the allegations of demand of dowry and torture are all false and concocted. The husband of the complainant has been enlarged on anticipatory bail vide order dated 16.12.2020 passed in Cr. Misc. No. 16338 of 2020. The petitioners have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegations as levelled in the complaint together with grant of bail to the husband of the complainant namely, Santosh Kumar by the above order, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in

Patna High Court CR. MISC. No.27382 of 2020(2) dt.15-01-2021 3/3 the event of their arrest or surrender in connection with Complaint Case No. 702 of 2019, they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 2nd Class, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T