Chinmay Chandan @ Vinmay Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47486 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHINMAY CHANDAN @ VINMAY CHANDAN Son of Sri Sachita Nand Sharma @ Sachidanand Sharma Resident of Village- Sheikhpura, P.S.- Naubatpur, District- Patna, at present Green City, Jaishree Apartment, FBlock, 7B, Argora, P.S.- Argora, District- Ranchi (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Kumari Wife of Chinmay Chandan Mauza Sheikhpura, P.S.- Naubatpur, District- Patna, Daughter of Satya Narain Rai, Village- Narhi, P.S.- Sahar, District- Bhojpur, at present Mohalla- Subhas Nagar, Patna, P.O. New Jaganpura, South of New Bypass Road, Laxshmi Narain Bhawan, P.S.- Ram Krishna Nagar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Prasad Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 236(C) of 2019 lodged for the offences punishable under Sections 341, 323, 420, 406, 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

As per complaint petition there is allegation against the petitioner that he subjected the complainant to cruelty with respect to demand of dowry.

Submission of learned counsel for the petitioner is that he is still ready to keep her with dignity and care and one

Patna High Court CR. MISC. No.47486 of 2019(4) dt.22-10-2019 2/3 after another several cases have been lodged by the complainant against him, i.e., maintenance and domestic violence and no order has been passed in the aforesaid cases. Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail stating that petitioner is mentally unfit and still he is demanding Rs.20 lac and as such she is not ready to reside with him and he prays for mediation.

In view of above stand of the parties, no useful purpose will be served in sending the matter for mediation, rather this application is disposed of with direction to the petitioner to surrender in the court below and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Umesh Rai, S.D.J.M., Patna, in connection with Complaint Case No. 236(C) of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that petitioner has to appear in Maintenance Case No. 140 of 2019, pending before learned Additional

Patna High Court CR. MISC. No.47486 of 2019(4) dt.22-10-2019 3/3 Principal Judge, Patna on the date fixed which is 26.10.2019 and co-operate in disposal of the maintenance case and further he has to obey the order passed by learned Family Court either interim or final unless the same is modified or set aside by any higher court.

(Vinod Kumar Sinha, J) spal/- U T