Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34351 of 2025 Arising Out of PS. Case No.-138 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Sudhir Kumar, S/o Late Tekan Das, R/o Village- Bahadarpur, P.O.- Rampur, P.S.- Mufasil, Distsrict- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ankita Kumari, W/o Sudhir Kumar ,D/o Naresh Das ,At present R/o Baghi Giddi Tola, Nagdah Ward No. 11, P.S.- Mufasil, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar @ S.K. Advocate.
For the State :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 138 C of 2023, dated 27.01.2023 registered for the offences punishable under Section 498-A, 323, 307, 379, 504 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, but cognizance has been taken under Section 498-A IPC and Section 4 of D.P. Act.
3. As per allegation, after marriage, there was demand of additional dowry and on account of non-fulfillment of the same, the Complainant/wife was subjected to cruelty by the petitioner and his family members.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.34351 of 2025(2) dt.18-06-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that on account of wear and tear of the married life, the Complainant/wife is aggrieved and she has filed the present false case. He also submits that the maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Complaint Case No. 138 C of 2023, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.34351 of 2025(2) dt.18-06-2025 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T