Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49883 of 2019 Arising Out of PS. Case No.-412 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHINTU KUMAR aged about 34 years, Male, S/O- Ayodhya Saw R/ODalluchak, P.S.- Khagaul, District- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Seema Devi, aged about 33 years, Female, W/o- Chintu Kumar R/ODalluchak, P.S.- Khagaul, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Complaint Case No. 412(C) of 2017 registered under Sections 498(A) of the Indian Penal Code and 4 of D.P. Act.

Learned counsel for the petitioner submits that the allegation of demand of dowry and torture is totally false, petitioner wants to keep the complainant with full honour and dignity as a Hindu wife. In course of her statement on oath the complainant has stated that she is living in her maike since the year 2005. Learned counsel submits that petitioner has no

Patna High Court CR. MISC. No.49883 of 2019(4) dt.29-11-2019 2/3 criminal antecedent Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it appears that the marriage between the petitioner and opposite party no. 2 was solemnized in the year 2007 and the complaint case has been filed ten years thereafter alleging that 2-3 months after the marriage the opposite party no. 2 was getting tortured and while answering the court's query in course of her statement on oath, the complainant has stated that she is living in her Maikey since the year 2005. In the nature of the allegations which are vague, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, in connection with Complaint Case No. 412(C) of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

Patna High Court CR. MISC. No.49883 of 2019(4) dt.29-11-2019 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T