Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67098 of 2024 Arising Out of PS. Case No.-842 Year-2023 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Chandan Kumar Son of Uchit Modi Resident of Village- Dashrathpur, Marppa, P.S.- Dharhara, District- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Putul Kumari Wife of Chandan Kumar, D/O- Binod Gupta Resident of Village- Ratanpur, Marppa, P.S.- Bariyarpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Choudhary, Adv.
For the State :
Mr. Md. Anzarul Haque Sahara, APP.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Despite valid service of notice upon the complainant, nobody appears on her behalf in the present proceedings.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
4. The instant case arises out of the complaint filed by the complainant, wife of the petitioner, alleging therein that there was demand of dowry and the consequent torture upon her.
5. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.67098 of 2024(6) dt.13-05-2025 2/3 the petitioner is the husband of the complainant. All the allegations levelled against the petitioner are totally based on concocted facts and as a matter of fact, the petitioner used to keep his wife with due dignity and honour, but it was the complainant who left the matrimonial house voluntarily for reasons best known to her. It is further submitted that prior to filing of the present complaint, a mutual consent divorce under Section 13B of the Hindu Marriage Act was filed by the petitioner before the learned Principal Judge, Family Court, Munger and only thereafter, the present complaint petition has been filed by the complainant. It is next submitted that the petitioner will neither abscond nor tamper with the evidence rather will cooperate in the investigation.
6. Learned APP for the State opposes the prayer for anticipatory bail.
7. Considering the facts and circumstances of the case as well as the clean antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 Court below where the case is pending/successor Court in connection with Complaint
Patna High Court CR. MISC. No.67098 of 2024(6) dt.13-05-2025 3/3 Case No. 842 (C) of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Soni Shrivastava, J) divyanshi/- U T