Patna High CourtCR. MISC./83112/2023bail granted

Aman Kumar Sah v. The State Of Bihar

2024-05-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83112 of 2023 Arising Out of PS. Case No.-248 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== AMAN KUMAR SAH SON OF SANJAY KUMAR SAH R/O VILLAGEPOTHIYA GANGELI, P.S.- JALALGARDH, DIST.- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

SUPRIYA KUMARI D/O KHELANAND BISHWAS, WIFE OF AMAN KUMAR SAH R/O VILLAGE- BODAIL, P.S.- JOKIHAT, DIST.- ARARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that from perusal of the office report dated 01.05.2024, it would manifest that the complainant/opposite party no. 2 has received notice personally.

4. Since the notice has been received by the complainant personally as such the notice is deemed to have been validly served.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.83112 of 2023(4) dt.02-05-2024 2/3 petitioner has been falsely implicated in the present case by the complainant. It is further submitted that concealing the fact that the complainant belongs to the third gender, the marriage was performed and when the petitioner came to know about the same, he questioned the complainant that as to why she married him when she could not bear child for him on which the complainant left the matrimonial home and instituted the present case as well as the Maintenance Case No. 445(M) of 2022 which is pending adjudication in the Court of learned Principal Judge, Family Court, Araria. It is next submitted that petitioner has appeared in the Maintenance Case No. 445(M) of 2022 wherein he has filed his reply in which he has categorically stated that the complainant belongs to the third gender. It is also submitted that this perhaps explains why the complainant despite receiving the notice chooses not to appear and contest.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

Patna High Court CR. MISC. No.83112 of 2023(4) dt.02-05-2024 3/3 Five 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 Case No. 248C of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the complainant shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if it is found that petitioner obtained anticipatory bail by misleading the Court.

(Satyavrat Verma, J) Kundan/- U T