Devanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56467 of 2023 Arising Out of PS. Case No.-605 Year-2022 Thana- BEUR District- Patna ====================================================== DEVANAND KUMAR JOGESHWAR DAS R/O- VILLAGEMANOHARPUR, P.S.- PUNPUN, DIST- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Beur Police Station Case No. 605 of 2022, disclosing offences under Sections 323, 341, 498(A), 504, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per the First Information Report, on 21.11.2022, when the informant returned from the police station after compromise, Devanand Kumar, i.e. petitioner, along with other accused persons, assaulted the informant and dragged her with her hair. The petitioner tortured the informant with an intention to perform marriage of her sister with her husband and he usually comes at home and
Patna High Court CR. MISC. No.56467 of 2023(4) dt.20-12-2023 2/3 taunt that dowry was not given by father of the informant. The petitioner is instigating the husband of the informant and is misguiding him due to which the behaviour of her husband is also not cordial with the informant.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to some family dispute. He further submits that the petitioner is married to the sister of the informant's husband and his nandoi, having no interest in the family affairs of the informant and with her family members. Entire family members, including the wife of the petitioner, have been made accused in the present case. The husband of the informant has been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 37968 of 2022.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that husband has been granted anticipatory bail, petitioner is nandoi of informant and the present case is triable by the Magistrate under Section 498(A), I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.56467 of 2023(4) dt.20-12-2023 3/3
7. Let the petitioner, Devanand Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar, the learned J.M. 1st Class, Patna, in connection with Beur Police Station Case No. 605 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U