Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53509 of 2021 Arising Out of PS. Case No.-1253 Year-2020 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== CHANDAN KUMAR S/O LATE NAWAL RAI @ NABBU RAI RESIDENT OF VILLAGE- MAJROHI (MAJUROHI) ALIAS SAHARIA (SAHORIA), P.O.- SAHDEI, P.S.- DESARI, DISTRICT- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRIYANKA KUMARI WIFE OF SRI CHANDAN KUMAR, D/O PRAMOD RAI RESIDENT OF VILLAGE- MAJROHI (MAJUROHI) ALIAS SAHARIA (SAHORIA), P.O.- SAHDEI, P.S.- DESARI, DISTRICTVAISHALI AT HAJIPUR, AT PRESENT RESIDES HOUSE NO. 5, BHAGWATI COLONY, CHAUHATTA, HAJIPUR, P.O. CHAUHATTA, P.S. HAJIPUR TOWN, DISTRICT- VAISHALI AT HAJIPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. C1-1253/2020 instituted for the offence under Section 498(A) of the Indian Penal Code. This case relates to torture and harassment due to nonfulfillment of four wheeler as further dowry demand and finally husband of the complainant and his family members ousted her from matrimonial home after snatching her belongings.

Patna High Court CR. MISC. No.53509 of 2021(2) dt.06-04-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further submitted by learned counsel for the petitioner that petitioner has already filed a case for restitution of conjugal life before the Principal Judge, Vaishali at Hajipur.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. C1-1253 of 2020 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 Sub-Judge-XVI-cum-ACJM-XV, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

If the complainant wishes to live with the petitioner, she will file a petition before learned Court below. On receiving such a petition, the Court below shall issue notice to the petitioner, when it is expected from the petitioner to comply the

Patna High Court CR. MISC. No.53509 of 2021(2) dt.06-04-2022 3/3 undertaking given before this Court to keep the complainant as wife with full dignity and honour.

(Sunil Kumar Panwar, J) sushma/- U