Chandan Kumar @ Sri Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51974 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHANDAN KUMAR @ SRI CHANDAN KUMAR S/O VIJAY PRASAD CHAURASIYA R/O VILLAGE AND POST- NAWANAGAR, P.SNAWANAGAR, DISTT.- BUXAR. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SMT SIMA KUMARI W/O CHANDAN KUMAR @ SRI CHANDAN KUAMR, D/O SUDESHWAR PRASAD R/O VILLAGE- NAWANAGAR, P.S- NAWANAGAR, DIST.- BUXAR. AT PRESENT RESIDENT OF VILLAGE- NAUBATPUR, P.S- NAUBATPUR, DISTT.- PATNA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

Mr. Satyapal Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 307, 498(A), 494, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand. He also solemnized his second marriage with one Kumari Kanchan.

4. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.51974 of 2024(3) dt.13-11-2024 2/3 the petitioner is an innocent person and has committed no offence. He has falsely been implicated in the present case due to ulterior motive. He has neither made any dowry demand nor tormented the complainant over the demand of dowry nor drove her out of her matrimonial home. All the allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that the complainant herself did not want to live in her matrimonial house with her in-laws. She left her matrimonial house along with her entire belongings with her own will and filed this false case with mala fide intention. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. In that view of the matter, let the above named petitioner, be released on 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 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Danapur Complaint Case No. 78(C) of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 5,000.00 (Rupees Five Thousand) per month to the complainant in the second week of

Patna High Court CR. MISC. No.51974 of 2024(3) dt.13-11-2024 3/3 every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T