Sanjay Kumar @ Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27137 of 2022 Arising Out of PS. Case No.-745 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SANJAY KUMAR @ SANJAY RAI S/o Chuman Rai R/o- VillageParmanandpur Lal, P.S. - Mahua, Distt.- Vaishali (BIhar). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Satyendra Rai S/o Late Lalit Rai R/o Hathitola Maner, Thana- Maner, Dist.- Patna (Bihar).

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Raghu Raj Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 745(C) of 2017, for the offences punishable under Sections 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of Rs. One lakh as dowry and ousted her from the matrimonial home.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There

Patna High Court CR. MISC. No.27137 of 2022(7) dt.28-02-2024 2/3 is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant. The petitioner is the husband of the complainant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr. Passed in Criminal Appeal No(s). 2207 of 2023, arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.27137 of 2022(7) dt.28-02-2024 3/3 concerned, Danapur, Patna in connection with Complaint Case No. 745(C) of 2017 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further conditions:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T