Rajan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42948 of 2024 Arising Out of PS. Case No.-80 Year-2023 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Rajan Sah, Son of Kanhaiya Sah, R/o Village- Pihuli, P.S.- Asaon, DistrictSiwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kushum Kumari @ Kushum Devi, W/o Ranjan Sah, R/o Village- Pihuli, P.S.- Asaon, Dist.- Siwan. At Present D/oGauri Shankar Sah, R/o VillageLohbara, P.S.- Raghunathpur, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Kumar, Advocate Ms. Madhulata Singh, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 80 of 2023 registered under sections 498A, 323 and 406 of the Indian Penal Code and sections 3 and 4 Dowry Prohibition Act.
3. As per the prosecution case, the complainant states that she was married to the petitioner on 21.6.2022 and various articles by way of gifts were given at the time of marriage. It was further stated that soon after marriage, the accused persons started to torture her for more dowry. She was abused and
Patna High Court CR. MISC. No.42948 of 2024(2) dt.20-07-2024 2/3 assaulted by the accused persons including the petitioner herein who happens to be her husband.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on account of his being the husband of the complainant. The allegations levelled are false and concocted. The petitioner had always been ready to keep his wife with full dignity and honour, however for the reason of unreasonable attitude of the complainant, the mediation proceedings attempted in the learned Court below between the parties failed. The petitioner has no criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the complaint, the fact that the mediation proceedings did not go through in the leaned Court below and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no. 80 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.42948 of 2024(2) dt.20-07-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Siwan.
(Partha Sarthy, J) avinash/- U T