Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82604 of 2024 Arising Out of PS. Case No.-476 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Chandan Kumar S/O Ramashish Ray Resident of village -Safapur, P.S -Nayagaon, District - Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Kumari W/o Chandan Kumar Resident of Village- Safapur P.SNayagaon, Distt - Begusarai at prestnt- D/o Prakash Rai, Resident of village - Jagdishpur, P.O-Danouli phulwaria, P.S-Muffasil, Distt-Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1 For the Opposite Party/s :
Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-04-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 476 C of 2023, registered for the offences punishable under Sections 323, 341, 307, 498 A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. As per the prosecution case, the marriage of O.P. No. 2 was solemnized with petitioner on 26.05.2021. The
2/4 complainant lived in her Sasural happily for fifteen days and thereafter, the petitioner started demanding a four-wheeler and three bhar gold from O.P. No. 2. In Panchayat, the accused persons demanded dowry and threatened the O.P. No. 2 that they would solemnize second marriage of petitioner on nonfulfillment of said demand. Then, the father of the O.P. No. 2 gave a motorcycle and Rs 1,10,000/- to the petitioner. After some days, the accused persons again started torturing and assaulting the O.P. No. 2. On 18.02.2023, the petitioner and other family members ousted the Opposite Party No. 2 from her matrimonial home.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case pending and/or decided between the parties.
5. Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the
3/4 petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within fifteen days from today.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for 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/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Complaint Case No. 476 C of 2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account
4/4 of Opposite Party No. 2 positively, starting from 5th May, 2025. (Anil Kumar Sinha, J) HarshPandey/- U T