Chandan Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57058 of 2019 Arising Out of PS. Case No.-511 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== CHANDAN BIN, Son of Etwaru Bin, Resident of Village-Kanti Tiwary Tola, P.S-Kanti, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Devi, Wife of Chandan Bin, D/o Raju Bin Resident of Village-Kanti Tiwary Tola, P.S.-Kanti, District-Muzaffarpur. (At present residing at village-Kurhani, P.S.-Kurhani, District-Muzaffarpur). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Ansar Ul Haque (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code and Section 3/4 of D.P. Act. Complainant has alleged in her complaint petition that marriage between complainant and petitioner was solemnized in the year, 2014 and thereafter she went to her matrimonial house but she was subjected to torture and harassment for non-fulfillment of demand of Rs. 50,000/-. Notices were issued to opposite party no.2 which was validly

Patna High Court CR. MISC. No.57058 of 2019(4) dt.24-01-2020 2/3 served upon her but she has not chosen to appear and contest the matter.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has further been submitted on behalf of the petitioner husband that the matter has been resolved outside the court and opposite party no.2 is residing in her matrimonial house. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No. 511 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.57058 of 2019(4) dt.24-01-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T