Sukhdeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38557 of 2021 Arising Out of PS. Case No.-95 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== SUKHDEO PRASAD S/o Yugeshwar Mahto R/o village- Shree Ram Nagar, P.S.- Deepnagar, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi W/o Sukhdeo Prasad, D/o Kishori Prasad R/o village- Shree Ram Nagar, P.S.- Deepnagar, District- Nalanda, Presently resident of Mohalla- Chhoti Pahari, P.S.- Sohsarai, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kuamr, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.

It is a case of harassment and cruelty to the Opposite No.2 due to non-fulfilment of dowry demand of a motorcycle. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that Opposite Party No.2 has solemnized her second marriage on 07.04.20212 with one Shankar Prasad, son

Patna High Court CR. MISC. No.38557 of 2021(3) dt.26-04-2022 2/2 of Ganauri Mahto, resident of Mohalla - Shrinagar Hat, P.S. Sohsarai, District- Nalanda for which they have executed an affidavit dated 07.04.2021 which shows Annexure-2 to this petition and Opposite Party No.2 did not appear today also. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bihar Sharif (Nalanda) in connection with Complaint Case No. 95C of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T