Patna High CourtCR. MISC./74356/2023bail granted

Chandan Kumar Singh v. The State Of Bihar

2024-03-05Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74356 of 2023 Arising Out of PS. Case No.-1740 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== CHANDAN KUMAR SINGH SON OF BHOLA SINGH RESIDENT OF VILLAGE - RANWAY, P.S. - KEOTI, DISTRICT - DARBHANGA, PRESENTLY RESIDING AT D-66, SHIV ENCLAVE, DICHAON ROAD, NAJAFGARH, NEW DELHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

KUMARI NIBHA WIFE OF CHANDAN KUMAR SINGH RESIDENT OF VILLAGE - KANSI, P.S. - SIMRI, DISTRICT - DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Despite valid service of notice upon the Opposite Party No. 2, no one appears on her behalf.

3. This application, for grant of anticipatory bail, arises out of C. R. No. 1740 of 2019 (T. R. No. 2479 of 2022), in which cognizance has been taken for the offences punishable under Sections 323/498-A/34 of the Indian Penal Code and Section 4 of the Dowry prohibition Act.

4. The prosecution case, as per the complaint lodged by the Opposite Party No. 2, is that the marriage of the

Patna High Court CR. MISC. No.74356 of 2023(3) dt.05-03-2024 2/3 complainant-Opposite Party No. 2 was solemnized with the petitioner on 26.11.2015. It has been alleged that after marriage, the accused persons, including the petitioner, started demanding Rs. 10,00,000/- as dowry and due to non-fulfillment of the said demand, all the accused persons, including the petitioner, tortured the complainant-Opposite Party No. 2, physically as well as mentally and lastly ousted her from her matrimonial home.

5. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and it is Opposite Party No. 2-complainant who does not want to live with the petitioner. He next submits that the Opposite Party No. 2 left her matrimonial home in April, 2019 and the present complaint has been filed in November, 2019. The allegation against the petitioner and other accused persons are general and omnibus in nature. After filing of the present complaint, the Opposite Party No. 2 has also filed a maintenance case before the learned Principal Judge, Family Court, Darbhanga, on 26.02.2022, which is still pending.

6. Regards being had to the submissions advanced on behalf

Patna High Court CR. MISC. No.74356 of 2023(3) dt.05-03-2024 3/3 of the parties and taking into consideration the omnibus nature of allegation and the fact that the petitioner is ready to keep the Opposite Party No. 2-complainant with full honour and dignity and despite valid service of notice, no one appeared on behalf of the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with C. R. No. 1740 of 2019 (T. R. No. 2479 of 2022), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √