Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67452 of 2019 Arising Out of PS. Case No.-1389 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sanjeev Kumar S/o Shiv Shanker Prasad R/o 3274, Sector-6(A), Bokaro Steel City, P.S.- Bokaro, District- Bokaro, Jharkhand, Presently residing at Flat No. 201, House No. 83, Masjid Math, South Extension-2, New Delhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Sandhya Rani W/O- Sanjeev Kumar R/o- Flat No. 201, House No. 83, Masjid Math, South Extension-2, New Delhi, Presently residing at C/oVikash Kumar @ Gopal, Flat No. 102, Gopal Sharan Apartment, MohallaYarpur, P.O. and P.S.- Gardanibagh, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Samir Kumar, Advocate For the State :

Mr. Ajay Kumar No. 2, APP For O.P. No.2 :

Mr. D.N. Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Complaint Case No.1389(C) of 2018, registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the D.P. Act.

The petitioner and other co-accused persons are said to have tortured the complainant physically and mentally for non-fulfillment of demand of additional dowry. Vide order dated 07.11.2019, the petitioner was granted provisional anticipatory bail by a co-ordinate Bench of this Court subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.67452 of 2019(9) dt.24-04-2023 2/2 remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Learned counsel appearing on behalf of O.P. No.2 has filed an affidavit in Court today stating therein that the bail granted to the petitioner has been cancelled vide order dated 25.08.2022 passed in Complaint Case No.-1389(c) of 2018 by the learned S.D.J.M., Patna as the petitioner was not appearing before the learned court below.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

The affidavit filed by learned counsel for O.P. No.2 is kept on record.

(Anjani Kumar Sharan, J) S.KUMAR/- U T