Allowed

Pramod Kumar v. The State of Bihar

Patna HC3 Jul 2024CR. MISC./39368/2024

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a dowry and cheating case alleging snatching of streedhan and threats to make photos viral. The court noted pending restitution and mutual divorce proceedings and granted anticipatory bail on furnishing bail bonds with two sureties.

What did the court decide?

Anticipatory bail on furnishing Rs.10,000 bonds with two like sureties to C.J.M., Vaishali, within six weeks of arrest/surrender.

Pramod Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39368 of 2024

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Arising Out of PS. Case No.-709 Year-2023 Thana- BIDUPUR District- Vaishali

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

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Pramod Kumar Son of Sri Chandeshwar @ Chandeshwar Singh Resident of Village- Bhanborha Besho, P.O- Narharpur, P.S- Jandaha ,Dist- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar

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Kumari Swati Wife of Pramod Kumar and Daughter of Sri Anuth Singh Resident of Village- Panapur Khushihari, P.O And P.S- Bidupur, DistVaishali

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dr. Bipin Chandra, Adv. For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends arrest in connection with Bidupur P.S. Case No. 709 of 2023, instituted for the offence punishable under Sections 420, 498A, 379, 120(B)/34 of the Indian Penal Code and Section 67(a) of I.T. Act.

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3. The prosecution case, in short, is that the informant's daughter was married to the petitioner under Hindu rites and rituals and three lacs cash was given to the petitioner's father with other articles and ornaments as dowry. The informant was kept in darkness about the job of the petitioner in Railways. The petitioner also threatened the informant to make

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Patna High Court CR. MISC. No.39368 of 2024(2) dt.03-07-2024 2/3

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her personal photos viral and he also used to talk with his friends about her in vulgarity and in obscenity. On 04.05.2023, when the informant informed all these things to her father, he went to her sasural but the accused persons wanted to take informant and her father's signature over a paper on which they wrote statement of Divorce but they did not put their signature, then the accused persons snatched her streedhan worth of Rs. 2 lacs and threatened the informant and her family.

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4. The petitioner is the husband of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the allegation against the petitioner is false and fabricated. It is submitted that the marriage was solemnized as per the Hindu rites and rituals on 24.11.2022. After the marriage, the informant came to the house of the petitioner after bidayi on 25.11.2022. Thereafter, she lived her matrimonial life very happily. It is submitted that she left her matrimonial house without giving information to the petitioner after taking all her belongings including the ornaments of the petitioner's mother. It is submitted that the petitioner has filed a case of restitution of conjugal rights before the learned Principal Judge, Vaishali vide Restitution Case No. 312 of 2023 and the petitioner was ready

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Patna High Court CR. MISC. No.39368 of 2024(2) dt.03-07-2024 3/3

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to keep her wife with full honour and dignity. Thereafter, the petitioner and the informant filed a mutual divorce case bearing Divorce Case No. 100 of 2024 on 01.03.2024 wherein the petitioner and the informant also signed the said application and the said case is pending before the learned Principal Judge, Vaishali. Lastly, it has been submitted that he has no criminal antecedent.

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5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bidupur P.S. Case No. 709 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali, subject to condition as laid down under Section 438(2) of the Cr.P.C..

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(Khatim Reza, J)

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prabhat/-

Pramod Kumar v. The State of Bihar

Case brief

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Pramod Kumar v. The State of Bihar

Case brief

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