Chandan Kumar @ Chandan Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38104 of 2025 Arising Out of PS. Case No.-933 Year-2024 Thana- COMPLAINT CASE - BAGAHA District- West Champaran ====================================================== Chandan Kumar @ Chandan Kumar Jaiswal Son of Dinanath Prasad R/o Village Bharihani , PS Valmikinagar Distt.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Manita Devi Wife of Chandan Kumar @ Chandan Kumar Jaiswal R/o Bharihani, P.S Valmikinagar, Distt.- West Champaran. At Present Address Hotel Purva, Valmikinagar, P.S- Valmikinagar, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Adv.
For the informant : Mr. Milind Kumar Mishra, Adv. For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 933 of 2024 (Tr. No. 2004 of 2025) registered for the offences punishable u/ss 115, 303(2), 85, 74, 351 and 352 of the B.N.S.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry and ousted her from the matrimonial home. It is further alleged that the petitioner has solemnized second marriage with Sangita Kumari.
Patna High Court CR. MISC. No.38104 of 2025(5) dt.04-11-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is the further submitted that the petitioner is the husband of the informant and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner has solemnized second marriage with Sangita Gupta. Learned counsel has further submitted that the matter was referred to the Mediation
Patna High Court CR. MISC. No.38104 of 2025(5) dt.04-11-2025 3/3 Centre to settle the dispute between the parties but as per the mediation report dated 07.10.2025, the mediation for amicable settlement between the parties has failed.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bagaha, West Champaran in connection with Complaint Case No. 933 of 2024 (Tr. No. 2004 of 2025), subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T