Surya Nandan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63883 of 2023 Arising Out of PS. Case No.-12163 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Surya Nandan Prasad Son Of Sachchidanand Prasad R/O Vill And P.O. - Hilsa, Ganjpar, P.S. - Hilsa, Dist. - Nalanda, State Bihar, Pin 801302, Presently Residing At Flat No. H9, Mundeshwhwari Crescent Apartment, Kaliket Nagar, Mainpura, Rps Nagar, P.S. - Rupaspur, Patna 801503 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Deepa Verma Wife of Surya Nandan Prasad, D/o Nagendra Prasad Verma R/o A/54 Indrapuri Colony, Raja Bazar, P.s. - Shahtri Nagar, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lovekush Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP :
Mr. Sanjay Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the complainant.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code pending in the learned court below.
3. The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.63883 of 2023(3) dt.21-12-2023 2/3 case. He further submits that petitioner and complainant both are doctors. He submits that peititoner is working as an Associate Professor in the Radiology Department AIIMS Patna and complainant is working as Academic Junior Resident Anatomy Department (P.G), PMCH Patna. He further submits that the peititoner has filed a divorce case which was pending in the Family Court, Patna and written statement is filed on behalf of the opposite party no.2 thereafter the present complaint case is filed on behalf of the opposite party no.2. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State as well as learned counsel for the complainant opposes for prayer for bail and submits that earlier the opposite party no.2 has filed a case in Mahila Helpline thereafter the divorce case is filed by the petitioner but denied this fact that the opposite party no.2 appears in the divorce case and written statement is filed.
6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.63883 of 2023(3) dt.21-12-2023 3/3 Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complainant Case No.12163 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T