Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28492 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Sanjit Kumar Son of Ganesh Mahto Resident of Village - Shitalpur, P.S.- Daudpur, District- Saran at present residing in Village - C-07 Satauli Triveni Sugar Mill, Muzaffarnagar, P.S.- Town, District- Muzaffarnagar (U.P.) - 251201 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Smt. Sunila Devi Wife of Sanjit Mahto, D/O- Vishwakarma Mahto Resident of Village - Sitalpur, P.S.- Daudpur, District- Saran at present residing at Village - Kamta, P.S.- Baniapur, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Srivastava For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daudpur P.S. Case No. 197 of 2018, registered under Sections 498(A), 323, 504, 304 and 120(B) of the Indian Penal Code.

The allegation against the petitioner, as per the first information report, lodged by Sunila Devi that marriage of the informant/opposite party no. 2 was solemnized with the petitioner on 21.04.2015 and after marriage for some time the informant lived peacefully in her matrimonial home but,

Patna High Court CR. MISC. No.28492 of 2019(6) dt.07-08-2019 2/3 subsequently, the petitioner as well as other family members of the petitioner started demanding a Car and another articles as dowry from the informant and her father.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case, inasmuch as petitioner is engaged in the small work of preparing Pan Card etc. and it is highly improbable that a person of this status will demand the dowry of four wheeler from the informant and her family members. Learned counsel further submits that allegation against the petitioner is general and omnibus in nature, however, this court had issued notice to opposite party no.2. despite i.e. informant refused to accept the notice.

After having heard learned counsel for the parties and taking into consideration that fact that the allegation in the first information report is general and omnibus against the petitioner and the petitioner is ready to keep the informant as his wife with all care and dignity but the informant i.e. opposite party no.2 chose not to appear before this Court despite notice being issued, accordingly, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, in the event of arrest

Patna High Court CR. MISC. No.28492 of 2019(6) dt.07-08-2019 3/3 or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Shri Rakesh Mani Tiwari, J.M.Ist Class, Saran at Chapra, in connection with Daudpur P.S. Case No. 197 of 2018; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Rahul/- U T