Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63121 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Chandan kumar, Son of Virodhi Yadav @ Birendra Yadav, Resident of village -Parsa, PS- Chandradeep, District- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kajal Kumari Wife of Chandan Kumar Resident of Village- Parsa, P.S.- Chandradeep District- Jamui, Daughter of Kuldeep Yadav, Present Address Resident of Village- Mahuat, P.S.- Ariyarid (Kasar O.P.), DistrictSheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate Mr. Madhuri Kumari, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 164C of 2023, registered under sections 498A, 307, 379, 504 and 34 of the Indian Penal Code
3. As per the prosecution case, the complainant states that she was married to the petitioner on 14.5.2022. At the time of marriage various gifts, details of which has been given in the complaint, were given. It is further stated that the accused persons started making a further demand of Rs. 2 lacs against which her parents could give only Rs. 50,000/-. She was assaulted on 1.4.2023 but somehow saved at the intervention
Patna High Court CR. MISC. No.63121 of 2024(2) dt.21-09-2024 2/3 of the neighbours. She made an attempt to report to the police on 5.4.2023, but they refused to accept the case and hence the instant complaint was filed on 25.4.2023
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case on the basis of false and concocted allegations. The allegations levelled in the complaint has been categorically denied. There is an unexplained delay in lodging of the complaint, which would be evident from the contents of the complaint itself. While the last occurrence is alleged to have taken place on 1.4.2023, the report to the police was allegedly given on 5.4.2023 and the complaint filed on 25.4.2023. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegations in the complaint together with the inordinate delay in lodging of the complaint which is evident from the contents of the complaint petition itself and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.63121 of 2024(2) dt.21-09-2024 3/3 within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no. 164C of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Sheikhpura. (Partha Sarthy, J) avinash/- U T