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

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Patna HC
2024
Anjan Kumar @ Anjan Kumar Ray Vs The State of BiharAnjan Kumar @ Anjan Kumar Ray v. The State of Bihar

Allowed¶20

Anjan Kumar @ Anjan Kumar Ray v. The State of Bihar

Patna HC13 Aug 2024CR. MISC./5946/2024

Case brief

AI extract

What is this about?

Patna High Court Cr. Misc. No.5946 of 2024, decided 13-08-2024 by Justice Prabhat Kumar Singh. Anticipatory bail under Section 438 CrPC granted to Anjan Kumar @ Anjan Kumar Ray, husband of opposite party Vandana Kumari, in Complaint Case No. 403 of 2022 (P.S. Samastipur) alleging matrimonial cruelty and dowry demand under S.498A IPC and S.3/4 Dowry Prohibition Act; triable by Magistrate; bail bond Rs.10,000/- with two like sureties before A.C.J.M.-IV, Rosera, subject to S.438(2) CrPC conditions; petitioner cited Md. Naimul Haque Ansari v. State of Bihar, 2006(3) PLJR 182; opposite party no. 2 absent despite notice.

What did the court decide?

Anticipatory bail granted: on arrest or surrender within six weeks, petitioner to be released on bail bond of Rs.10,000/- with two like sureties each to the satisfaction of the learned A.C.J.M. - IV, Rosera, Samastipur, subject to Section 438(2) CrPC conditions.

Why is it important?

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. - IV, Rosera, Samastipur, subject to conditions under Section 438(2) CrPC. ¶20

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender within six weeks, petitioner to be released on bail bond of Rs.10,000/- with two like sureties each to the satisfaction of the learned A.C.J.M. - IV, Rosera, Samastipur, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 403 of 2022 punishable under Section 498A IPC and Sections 3/4 of the Dowry Prohibition Act for alleged matrimonial cruelty and dowry demand, is entitled to anticipatory bail.

Court's answer

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. - IV, Rosera, Samastipur, subject to conditions under Section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory Bail - Husband (Anjan Kumar @ Anjan Kumar Ray) apprehending arrest in Complaint Case No. 403 of 2022 (PS Case No. 403 of 2022, P.S. Samastipur) punishable under S.498A IPC and S.3/4 Dowry Prohibition Act for alleged matrimonial cruelty and demand of dowry - petitioner denied allegations, claimed clean antecedent and readiness to keep wife with honour; opposite party no. 2 absent despite valid notice - held: petitioner to be enlarged on bail, in the event of arrest or surrender within six weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IV, Rosera, Samastipur, subject to conditions under S.438(2) CrPC (Prabhat Kumar Singh, J).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5946 of 2024

Arising Out of PS. Case No.-403 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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

Anjan Kumar @ Anjan Kumar Ray Son of Amarendra Kumar Ray R/o vill - Jagarnathpur, P.s. - Biraul (Jagarnathpur O.P), Distt. - Darabhanga

... ... Petitioner/s

Versus

The State of Bihar

Vandana Kumari W/o Anjan Kumar @ Anjan Kumar Ray D/o Vijay Ray, R/o vill - Kharahiya, Post - Mangalgadh, P.s. - Hasanpur, Distt. - Samastipur (Bihar)

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner : Mr. Bhubneshwar Mahto, Advocate For the State : Mr. Umeshanand Pandit, APP For the O.P.2 : None ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 13-08-2024

Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against petitioner is of matrimonial cruelty and demand of dowry.

Learned counsel for the petitioner, while denying the allegations made in the complaint petition, submits that

Patna High Court CR. MISC. No.5946 of 2024(5) dt.13-08-2024 2/2

petitioner has been falsely implicated in this case merely because he is husband of the opposite party no. 2. He never demanded any dowry or committed torture with opposite party no. 2 and is still ready to keep her with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further 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 . Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - IV, Rosera, Samastipur in connection with Complaint Case No. 403 of 2022, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

anay

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in Complaint Case No. 403 of 2022 punishable under Section 498A IPC and Sections 3/4 of the Dowry Prohibition Act for alleged matrimonial cruelty and dowry demand, is entitled to anticipatory bail.¶15
The court held
In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. - IV, Rosera, Samastipur, subject to conditions under Section 438(2) CrPC.ratio¶20

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¶19
2006(3) PLJR 182

Statutes considered

3 provisions across 3 enactments

AI extract

Indian Penal Code498A¶15
Dowry Prohibition Act3/4¶15
Code of Criminal Procedure438(2)¶20

Procedural history

How this case reached the court

AI extract

Prior proceeding
Complaint case registered as PS Case No. 403 of 2022, Thana Samastipur, District Samastipur, out of which the present application arises.¶2
Prior proceeding
Petitioner, husband of opposite party no. 2, apprehends arrest in the complaint case alleging matrimonial cruelty and demand of dowry, punishable under Section 498A IPC and Sections 3/4 Dowry Prohibition Act.¶15
Prior proceeding
Complaint Case No. 403 of 2022 pending before the learned A.C.J.M. - IV, Rosera, Samastipur.¶20
Prior proceeding
Opposite party no. 2 did not appear despite valid service of notice.¶14

Parties & counsel

AI extract

petitioner
Anjan Kumar @ Anjan Kumar Ray¶4
Bhubneshwar Mahto
respondent
The State of Bihar¶7
Umeshanand Pandit
respondent
Vandana Kumari W/o Anjan Kumar @ Anjan Kumar Ray¶8

Coram

AI extract

PRABHAT KUMAR SINGHauthor¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 13 Aug 2024 · August
Registered: 23 Jan 2024
Case no.: CR. MISC./5946/2024
CNR: BRHC010011432024
Topic: Dowry and Cruelty
Bench: Prabhat Kumar Singh
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Anjan Kumar @ Anjan Kumar Ray v. The State of Bihar, CR. MISC./5946/2024 (PAT), decided on 13 August 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¶19

Open Authorities

Statutes3

Indian Penal Code498A
Dowry Prohibition Act3/4
Code of Criminal Procedure438(2)

View all statutes

Procedural history4

Complaint case registered as PS Case No. 403 of 2022, Thana Samastipur, District Samastipur, out of which the present application arises.
Petitioner, husband of opposite party no. 2, apprehends arrest in the complaint case alleging matrimonial cruelty and demand of dowry, punishable under Section 498A IPC and Sections 3/4 Dowry Prohibition Act.

View full history

Bench / Coram

PRABHAT KUMAR SINGH

Parties & counsel