Sujit Kumar @ Sujit Prasad @ Sujit Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27361 of 2020 Arising Out of PS. Case No.-1 Year-2019 Thana- NALANDA COMPLAINT CASE DistrictNalanda ====================================================== SUJIT KUMAR @ SUJIT PRASAD @ SUJIT PRASAD SINGH, aged about 30 years, (male), S/o Upendar Prasad, R/V Ghanshyam Bigha, P.S. Hulasganj, Distt. Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tabish Sharfuddin, Adv.
For the Opposite Party/s :
Mr. Dasrat Mehta, APP For the Opposite Party Mr. Samir Kumar Bharti, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 1 C/2019 wherein cognizance has been taken under sections 498 A and 406 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. As per allegation in the complaint, the complainant was married to the petitioner in the year 2018. She was tortured for non-fulfilment of dowry to the effect of a motorcycle. She was beaten up and forced out of the house giving threat that they would marry her husband for the second time.
Patna High Court CR. MISC. No.27361 of 2020(6) dt.02-02-2021 2/3 It is submitted by learned counsel for the petitioner that though the allegation against the petitioner is that marriage had been solemnized between the complainant and the petitioner, however, the true fact is that no such marriage ever took place. The petitioner was married to one Archana Raj in the year 2012 and they have children out of the said wedlock. In support of his contention, the Aadhar of his legally wedded wife Archana Raj and his children from the marriage to Archana Raj have been brought on record. The petitioner is a constable in the CRPF and is presently posted with 215 Battalion in Jamui. The petitioner has no criminal antecedent.
The application for bail is opposed by learned counsel for the State and learned counsel for the opposite party no. 2. It is submitted by learned counsel for the complainant that hiding the fact of his earlier marriage, the petitioner married the complainant. The fact of his earlier marriage transpired in course of hearing of this application and for this reason, statements could not be made during course of enquiry and no cognizance under section 494 of the Indian Penal Code was taken.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the
Patna High Court CR. MISC. No.27361 of 2020(6) dt.02-02-2021 3/3 petitioner together with the materials brought on record, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Complaint Case no. 1 C/2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hilsa at Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C. In view of the facts and circumstances of the case, it is directed that the petitioner shall cooperate in course of trial and in case the learned trial Court is of the opinion that the trial is being delayed for non-cooperation on the part of the petitioner, the bail bond of the petitioner may be cancelled and he may be taken into custody.
(Partha Sarthy, J) sushma/- U T