Anand Kumar @ Rintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67991 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- PARSA District- Saran ====================================================== 1.

ANAND KUMAR @ RINTU SON OF LAKHI SINGH RESIDENT OF VILLAGE MINAPUR, P.S.- GARKHA DISTRICT SARAN 2.

AMRESH KUMAR @ PUNNU SON OF LAKHI SINGH RESIDENT OF VILLAGE MINAPUR, P.S.- GARKHA DISTRICT SARAN 3.

SUDHA DEVI @ SUDHA KUMARI WIFE OF ANAND KUMAR @ RINTU RESIDENT OF VILLAGE MINAPUR, P.S.- GARKHA DISTRICT SARAN 4.

NITISH KUMAR SON OF SAHENDRA SINGH@ SIKAN SINGH RESIDENT OF VILLAGE KADANA, P.S.- GARKHA DISTRICT SARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry For the Opposite Party/s :

Mr. Narendra Kumar Singh Mr. Binay Kishore Mishra Mr. Avinash Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 427, 498A and 324/34 of the Indian Penal Code but later on Section 307 IPC was added and under Section 3⁄4 of the Dowry Prohibition Act.

3. The petitioners in association of other co-accused is said to have tortured and assaulted the informant on non-fulfillment of

Patna High Court CR. MISC. No.67991 of 2023(3) dt.25-01-2024 2/3 demand of dowry.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are in-laws of the informant. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, informant repeatedly told the petitioners that she does not want to live with her husband and also threatened to implicate the petitioners along with family members. Therefore, the husband of the informant, namely, Suraj Kumar @ Rajnish Kumar filed an informatory petition before the learned Chief Judicial Magistrate, Saran against her wife along with her family members on 05.12.2022. After knowing about filing of this petition, in retaliation thereto, the informant has lodged the present F.I.R. against the petitioners and others on 17.03.2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State assisted by learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.67991 of 2023(3) dt.25-01-2024 3/3 period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Parsa P.S. Case No.71 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T