Sajjan Das @ Sajjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42479 of 2019 Arising Out of PS. Case No.-464 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Sajjan Das @ Sajjan Kumar Son of Late Bindeshwar Das Resident of villageChakbahauddin, Police Station- Dalsing Sarai, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Chandini Kumari Wife of Sajjan Das, Daughter of Upendra Das Resident of village- Nazirpur, Police Station- Ujiayarpur, District- Samastipur. Presently residing as wife of Rajan Das at Village- Bhagwanpur, Police StationBhagwanpur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.464 of 2017 registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code.

Allegation against the co-accused including the petitioner is to have tortured the complainant due to nonfulfillment of demand of dowry, however, counsel for the petitioner submits that the complainant is in habit to go with other person and a similar type of incident took place on

Patna High Court CR. MISC. No.42479 of 2019(2) dt.10-07-2019 2/2 1.02.2017 and grandfather has lodged a case of elopement of the complainant. Later on she returned and stated that she voluntarily has gone with another person. He further submits that the complainant has remarried with one Rajan Das and she is living with him at Bhagwanpur, Vaishali. In support of this contention, he has attached a certificated dated 21.05.2019 granted by Sarpanch, Gram Panchayat Raj, Wafapur, Bhagwanpur, Vaishali (Annexure-3).

Looking to facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction ofAdditional Chief Judicial Magistrate, Dalsinghsarai, Samastipur in connection with Complaint Case No.464 of 2017 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/- U T