Grants anticipatory bail to petitioner apprehending arrest in dowry harassment case where petitioner denies marriage and lacks documentary proof of matrimonial tie.
Released on anticipatory bail on furnishing bail bonds of Rs. 10,000 with two sureties upon arrest or surrender within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29330 of 2021
Arising Out of PS. Case No.-242 Year-2019 Thana- HARLAKHI District- Madhubani
======================================================
Anand Kishor Dutt @ Anand Kishor Son Of Amarnath Dutt Resident Of Village - Kamalpur, P.S.- Basopatti, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vishal Vikram Rana For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
5 07-09-2022
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner is apprehending his arrest in a
case registered for the offences punishable under 3/ 4 Dowry Act and Sections 498(A), 34 of the Indian Penal Code.
The prosecution case as per F.I.R is that the petitioner got married with the informant two years ago. It is further alleged that after sometime, the petitioner and his family members started demanding dowry and
ousted the informant from her matrimonial house for
non-fulfillment of dowry demand.
Patna High Court CR. MISC. No.29330 of 2021(5) dt.07-09-2022 2/3
It is submitted by learned counsel for the
petitioner that petitioner denies the marriage with the informant either in India or in Nepal. There is also no documentary proof with regard to the marriage of the petitioner with the informant.
Learned APP after going through the Case Diary has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that charge-sheet has been submitted against the petitioner, however, the benefits of section 41(1) has been given as gets reflected from perusal of the Case Diary.
Considering the fact that petitioner denies the
factum of marriage with the informant and there is no documentary proof to proof the marriage, 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 anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.29330 of 2021(5) dt.07-09-2022 3/3
satisfaction of learned Sub Divisional Judicial Magistrate,
Benipatti, Madhubani in connection with Harlakhi P.S.
Case No. 242 of 2019, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner given his denial of marriage involving dowry allegations.
2 provisions across 2 enactments
Anand Kishor Dutt
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
