The High Court at Patna allowed an application for anticipatory bail filed by the petitioner in a case involving matrimonial dispute, dowry, and cheating allegations under IPC and Dowry Prohibition Act.
Petitioner to be released on bail on furnishing bond of Rs. 25,000 and two sureties of like amount if arrested or surrenders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14594 of 2019
Arising Out of PS. Case No.-82 Year-2003 Thana- DARBHANGA District- Darbhanga
======================================================
SHIV KUMAR SUMAN Son of Late Arjun Prasad R/o village- Barbauna, P.S- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Satyendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
6 17-05-2019
This application, for grant of anticipatory bail, arises
out of Town P.S. Case No. 82/2003, disclosing offences under Sections 406, 420 and 34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.
Allegation as per complaint petition on the basis of which, the F.I.R. has been instituted is to the effect is that the marriage of sister of the complainant – informant was fixed with the petitioner, for which, he spent some amount and also given Rs. 3,65,000/- to the petitioner, however, he refused to marry the sister of complainant – informant.
Submission of learned counsel for the petitioner is that out and out false and concocted allegation has been levelled, which will appear from the fact that the police after investigation has not found the case true and submitted final
Patna High Court CR. MISC. No.14594 of 2019(6) dt.17-05-2019 2/2
form, which has been accepted and against the acceptance of final form, the complainant moved in revision and as per the Direction of the Sessions Judge in revision application cognizance was taken against the petitioner.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail 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 learned Chief SDJM, Darbhanga, in connection with Town P.S. Case No. 82/2003, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in respect of offences under IPC sections 406, 420, 34 and Dowry Prohibition Act sections 3/4.
1 provisions across 1 enactments
Shiv Kumar Suman
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
