Arbind Kumar @ Arben Kumar Arya @ Arbind Kumar Arya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70961 of 2021 Arising Out of Complaint Case No.-2748 Year-2019 District- Araria ====================================================== Arbind Kumar @ Arben Kumar Arya @ Arbind Kumar Arya, S/o Late Laxmi Mehta @ Laxmi Narayan Mehta Resident of Village- Karjain (Baisi Chowk), P.S.- Karjain, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Sangitta Mehta, D/o Satya Narayan Mehta, W/o Arjun Kumar Mehta Resident of Kalawati Nagar, Ward No. 06, Hasanpur, P.S.- Raniganj, District- Araria.

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 2748 of 2019 registered for the offences punishable under Sections 498(A), 406, 323/34 of the Indian Penal Code.

Petitioner is the brother-in-law of the complainant. He used to torture her due to non-fulfillment of demand of dowry of Rs. 30,00,000/-.

Patna High Court CR. MISC. No.70961 of 2021(2) dt.07-06-2022 2/3 Learned counsel for the petitioner submits that the marriage of the complainant solemnized with the co-accused Arjun Kumar on 06.02.2006 and she is residing separately from 23.07.2013, so far as the allegation against the petitioner is concerned, he is brother-in-law (devar) of the informant and has no concern with the affairs of the complainant and her husband and he has falsely been implicated in the present case. He further submits that petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner has an active role in demanding the dowry.

Considering the aforesaid submissions made by the learned counsel for the petitioner and the fact that marriage is solemnized in the year 2006 and the complainant and her husband are living separately since 2013 as admitted by the complainant in her statement, petitioner is the brother-in-law of the complainant, let the petitioner, abovenamed in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.70961 of 2021(2) dt.07-06-2022 3/3 learned CJM, Araria in connection with Complaint Case No. 2748 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T