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Anjan Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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Patna HC
2024
Anjan Kumar Vs the State of BiharAnjan Kumar v. the State of Bihar

Allowed¶17

Anjan Kumar v. the State of Bihar

Patna HC22 Feb 2024CR. MISC./10640/2024

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail under Section 438 Cr.P.C. in dowry case; offences under sections 341, 323, 504, 498A, 307/34 IPC and sections 3/4 Dowry Prohibition Act; Mahila PS Khagaria Case No.35/2023, G.R. No.1435/23; allegation of dowry-demand torture and ouster from matrimonial house; plea of false implication and willingness to maintain wife; bail bond Rs.25,000 with two sureties; counsel relied on Md. Naimul Haque Ansari v. State of Bihar, 2006 (3) PLJR 182; liberty for mediation/reconciliation before District Mediation Centre; decision dated 22-02-2024 by Anjani Kumar Sharan, J.

What did the court decide?

Anticipatory bail: petitioner to be released on arrest/surrender within six weeks on bail bonds of Rs.25,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; liberty to both parties to seek mediation for reconciliation/one-time settlement.

Why is it important?

Anticipatory bail granted: in the event of arrest/surrender before the learned court below within six weeks, the petitioner is to be released on bail bonds of Rs.25,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. ¶17

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest/surrender within six weeks on bail bonds of Rs.25,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; liberty to both parties to seek mediation for reconciliation/one-time settlement.

Issue for consideration

Whether the petitioner, apprehending arrest in Khagaria Mahila P.S. Case No.35/2023 registered under sections 341, 323, 504, 498A, 307/34 IPC and sections 3/4 of the Dowry Prohibition Act, is entitled to anticipatory bail under Section 438 Cr.P.C.

Court's answer

Anticipatory bail granted: in the event of arrest/surrender before the learned court below within six weeks, the petitioner is to be released on bail bonds of Rs.25,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

Key takeaways

Either party is at liberty to apply before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.obiter¶18

Detailed headnote1 paragraphs

ANTICIPATORY BAIL – Section 438 Cr.P.C. – Petitioner apprehending arrest in Khagaria Mahila P.S. Case No.35/2023 (G.R. No.1435/23) under sections 341, 323, 504, 498A, 307/34 IPC and sections 3/4 Dowry Prohibition Act – Allegation of torture of wife for non-fulfilment of dowry demand and ouster from matrimonial home – Plea of false implication due to grudge and readiness to keep wife with full honour and dignity – Held: petitioner, on arrest/surrender within six weeks, to be released on bail bonds of Rs.25,000 with two sureties of like amount each, subject to Section 438(2) Cr.P.C. conditions – Parties at liberty to seek reference to District Mediation Centre for reconciliation or one-time settlement.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10640 of 2024

Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA PS District- Khagaria

======================================================

ANJAN KUMAR S/O PREM RANJAN SINGH R/O VILLAGEBANDEHRA, WARD NO.-4, P.S- PASRAHA, DISTT.- KHAGARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Amar Kumar Singh For the Opposite Party/s : Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 22-02-2024

Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 341, 323, 504, 498A, 307/34 of the IPC and sections ¾ of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is

Patna High Court CR. MISC. No.10640 of 2024(2) dt.22-02-2024 2/2

submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/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.25,000/- (Rupees Twenty 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 Khagaria Mahila P.S. Case No.35/2023, G.R. No.1435/23, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J)

pallavi/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in Khagaria Mahila P.S. Case No.35/2023 registered under sections 341, 323, 504, 498A, 307/34 IPC and sections 3/4 of the Dowry Prohibition Act, is entitled to anticipatory bail under Section 438 Cr.P.C.¶12
The court held
Anticipatory bail granted: in the event of arrest/surrender before the learned court below within six weeks, the petitioner is to be released on bail bonds of Rs.25,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.ratio¶17

Cases cited

Colour shows how this judgement treated each authority

AI extract

Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶14
2006 (3) PLJR 182

Statutes considered

3 provisions across 3 enactments

AI extract

Indian Penal Code (IPC)341, 323, 504, 498A, 307/34¶12
Dowry Prohibition Act3, 4¶12
Code of Criminal Procedure (Cr.P.C.)438(2)¶17

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered as PS Case No.-35, Year-2023, Thana-Mahila PS, District-Khagaria.¶2
Prior proceeding
Case registered under sections 341, 323, 504, 498A, 307/34 IPC and sections 3/4 of the Dowry Prohibition Act; petitioner apprehends arrest.¶12
Prior proceeding
Case pending before the learned court below as Khagaria Mahila P.S. Case No.35/2023, G.R. No.1435/23.¶17

Parties & counsel

AI extract

petitioner
ANJAN KUMAR¶4
Mr.Amar Kumar Singh
respondent
THE STATE OF BIHAR¶7
Mr.Md. Nazir Ansari

Coram

AI extract

Anjani Kumar Sharanauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 22 Feb 2024 · February
Registered: 7 Feb 2024
Case no.: CR. MISC./10640/2024
CNR: BRHC010112592024
Topic: Dowry and Cruelty
Bench: Anjani Kumar Sharan
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Anjan Kumar v. the State of Bihar, CR. MISC./10640/2024 (PAT), decided on 22 February 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶14

Open Authorities

Statutes3

Indian Penal Code (IPC)341, 323, 504, 498A, 307/34
Dowry Prohibition Act3, 4
Code of Criminal Procedure (Cr.P.C.)438(2)

View all statutes

Procedural history3

FIR registered as PS Case No.-35, Year-2023, Thana-Mahila PS, District-Khagaria.
Case registered under sections 341, 323, 504, 498A, 307/34 IPC and sections 3/4 of the Dowry Prohibition Act; petitioner apprehends arrest.

View full history

Bench / Coram

Anjani Kumar Sharan

Parties & counsel