The High Court at Patna granted anticipatory bail to the petitioner under Section 438 CrPC, conditional upon his surrender before the Magistrate within four weeks, furnishing a personal bond. The court noted a dispute resolution via mediation.
Release on bail subject to personal bond and surrender within four 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.59109 of 2022
Arising Out of PS. Case No.-353 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai
======================================================
SANJIV KUMAR @ SANJEEV KUMAR Son of Late Tarni Prasad Sah Resident of Village - Thumha, P.S.- Pipara, District - Supaul.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 24-04-2023 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 353C of 2021 registered under Sections 498(A), 323, 342, 379, 406, 504, 506 and 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the dispute between the parties has been resolved through process of mediation. The report of the mediator and the terms of settlement mutually agreed between the parties is kept at
Patna High Court CR. MISC. No.59109 of 2022(4) dt.24-04-2023 2/2
“Flag-R”.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Judicial Magistrate-I, Begusarai in connection with Complaint Case No. 353C of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
utkarsh/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in connection with the complaint case under Sections 498-A, 323, 342, 379, 406, 504, 506 and 34 of the Indian Penal Code and Section 3 of the Dowry
1 provisions across 1 enactments
Sanjiv Kumar @ Sanjeev Kumar
The State of Bihar
Priyanka Kumari
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
