Patna High CourtCR. MISC./31908/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-04-30Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31908 of 2024 Arising Out of PS. Case No.-539 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Mantu Kumar Son Of Suresh Yadav Resident Of Village- Sonar Khap, PsTankuppa, Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

Ranju Kumari Daughter Of Anuj Prasad Resident Of Village- Tajpur PsFatehpur, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case. It is next submitted that the complainant after instituting the instant complaint also instituted Tankuppa P.S. Case No. 67 of 2023 under Sections 498A, 341, 323, 504 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act, when in the present complaint, cognizance has been taken under Sections 406 and 498A of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act.

3. It is next submitted that Tankuppa P.S. Case No. 67 of 2023, instituted against the present petitioner by the present O.P. No. 2, has been disposed of by an order dated 16.04.2024 in Criminal Miscellaneous No. 28204 of 2024 in terms of Naushad

Patna High Court CR. MISC. No.31908 of 2024(2) dt.30-04-2024 2/2 Ansari's case.

4. The learned counsel for the petitioner further submits that the complainant is implicating the petitioner who is her husband in different cases with similar allegations. It is also submitted that since the investigation in Tankuppa P.S. Case No. 67 of 2023 is still going on, as such, no useful purpose would be served by sending the petitioner to jail in the present case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 539 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T