Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49657 of 2023 Arising Out of PS. Case No.-2193 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Sunil Kumar, aged about 36 years, Male Son of Faguni Bhagat, Resident of Village- Bhagwanpur, P.S- Kurahni, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Devi, aged about 34 years, Female, Daughter of Ashok Bhagat Presently residing at Village and P.O.- Khilwat, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 2193 of 2021 in which cognizance has been taken against the petitioner under Section 498A of the Indian Penal Code.

3. As per the complaint case, the allegation against the petitioner is of demand of dowry and torture to complainant.

4. Learned counsel for the petitioner submits that the marriage between the petitioner and complainant was solemnized in the year 2009 and they have four children out of their wedlock. The complainant does not want to live with the

Patna High Court CR. MISC. No.49657 of 2023(2) dt.11-08-2023 2/2 petitioner, who is a labourer and poor person. The complainant herself left her matrimonial home and out of four, three children are residing with the petitioner and he is always ready to keep the complainant with full honour and dignity. He has falsely been implicated in this case having no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the above named petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Complaint Case No. 2193 of 2021, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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