Husband sought anticipatory bail in a case alleging dowry demand and cruelty. Noting omnibus allegations against him, absence of criminal antecedents and that the offence is triable by a Magistrate, the court granted anticipatory bail subject to CrPC section 438(2) conditions and personal appearance before the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46749 of 2024
Arising Out of PS. Case No.-77 Year-2022 Thana- MAHILA P.S. District- Lakhisarai
======================================================
Anant Kumar Son Of Sudhakar Prasad Sharma Resident Of Village - Dakshin Gaon, P.S. - Wagirganj, District - Gaya
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nand Kishore Prasad Sinha For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 30-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Lakhisarai (Mahila) P.S. Case No. 77/2022 in A.B.P. No. 834 of 2023 dated 19.12.2022 registered for the offence punishable under Sections 341, 323, 498A, 494, 379, 504 and 506 read with 34 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs.
Patna High Court CR. MISC. No.46749 of 2024(2) dt.30-08-2024 2/3
25 lacs and a four wheeler as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.46749 of 2024(2) dt.30-08-2024 3/3
arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Lakhisarai in connection with Lakhisarai (Mahila) P.S. Case No. 77/2022 in A.B.P. No. 834 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-
(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. 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 reconcilation or one time settlement.
8. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a dowry torture and cruelty case.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on
2006(3) PLJR 182
Satendra Kumar Antil Vs. Central Bureau of Investigation and AnotherRelied on
(2022) 10 SCR 351 · Who else cites this
Md. Asfak Alam Vs. The State of Jharkhand & AnrRelied on
Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023
3 provisions across 3 enactments
Anant Kumar
The State of Bihar
Sonam Kumari
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
