Sagar Kumar @ Sagar Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51311 of 2024 Arising Out of PS. Case No.-916 Year-2018 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Sagar Kumar @ Sagar Kumar Yadav Son Of Ashok Kumar Yadav Resident Of Village - Ishachak, P.S. - Nathnagar, District - Bhagalpur ... ... Petitioners
Versus
1.
The State of Bihar 2.
Nitu Devi Wife Of Sagar Kumar Yadav, Daughter Of Raghunandan Prasad Yadav @ Bhaso Yadav Resident Of Village - Paniyala Chak, P.O. - Patam Nauagarhi, P.S. - Naya Ramnagar, District - Munger ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Chandan Kashyap, Advocate For the State :
Mr. Awadhesh Kumar Singh, APP For the Opposite Party No.2 :
None.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-12-2024 Heard Ld. counsel for the petitioner, Ld. APP for the State and Ld. Counsel for the Opposite Party No.2.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Complaint Case No.916C of 2018, registered for the offences punishable under Sections 498A, 323, 313 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
3. As per allegation, there was additional demand of dowry after marriage and on account of non-fulfillment of the same, the Complainant has been subjected to cruelty in various
Patna High Court CR. MISC. No.51311 of 2024(3) dt.18-12-2024 2/3 ways and the she has been ousted from the matrimonial home.
4. Ld. counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case on account of matrimonial discord the Complainant/wife left the matrimonial home to live at her mayke and thereafter she is not coming back to the matrimonial home despite his willingness to keep her. He further submits that he has also filed matrimonial suit under Section 9 of the Hindu Marriage Act and got decree in his favour and despite such decree under Section 9 of the Hindu Marriage Act, the Complainant/Wife has not joined the matrimonial home. The maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. Despite valid service of notice, nobody is present on behalf of the Opposite Party No.2 to attend the case.
8. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
9. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.51311 of 2024(3) dt.18-12-2024 3/3 this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. S.D.J.M. Munger, in connection with Complaint Case No.916C of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T