Chandan Kumar v. The State of Bihar

Patna HC7 Jan 2025CR. MISC./20027/2024

Case brief

AI extract

What is this about?

Anticipatory-bail-type grant following out-of-court compromise between parties; offences Sections 323, 312, 313 and 498A Indian Penal Code; compromise petition filed before SDJM Patna on 17.8.2024; bail on bond Rs.10,000 with two like sureties within eight-week window; conditions under Section 438(2) CrPC; Chandan Kumar v. The State of Bihar & Sujata Kumari; CRIMINAL MISCELLANEOUS No.20027 of 2024; Patna High Court; Justice Prabhat Kumar Singh; order dated 07-01-2025.

What did the court decide?

Bail allowed; petitioner, if arrested or surrendering within eight weeks, to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 9441C/2022, subject to the conditions laid down under Section 438(2) CrPC.

Chandan Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in the complaint case for offences punishable under Sections 323, 312, 313 and 498A IPC, should be granted bail in view of the parties' compromise of the case outside Court during pendency of the bail petition.

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Court's answer

It is recorded on the record of the Court that during pendency of the bail petition the parties compromised the case outside the Court, a compromise petition was filed before the Sub Divisional Judicial Magistrate, Patna on 17.8.2024, and learned counsel for opposite party no.2 does not dispute this fact.

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Ratio / Principle

Prayer for bail of the petitioner is allowed: in the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 9441C/2022, subject to the conditions under Section 438(2) CrPC.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court, Criminal Miscellaneous No. 20027 of 2024 (decided 07-01-2025), coram Prabhat Kumar Singh, J. Petitioner Chandan Kumar apprehended arrest in a complaint case (P.S. Case No. 9341 of 2022, P.S. Patna Complaint Case) for offences punishable under Sections 323, 312, 313 and 498A IPC. During pendency of the bail petition the parties compromised the case outside Court through intervention of well wishers, and a compromise petition (Annexure P/2) was filed before the Sub Divisional Judicial Magistrate, Patna on 17.8.2024; opposite party no.2 did not dispute this. Considering these facts, prayer for bail was allowed: on arrest/surrender within eight weeks the petitioner was to be enlarged on bail on a bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the SDJM, Patna in Complaint Case No. 9441C/2022, subject to Section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20027 of 2024

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Arising Out of PS. Case No.-9341 Year-2022 Thana- PATNA COMPLAINT CASE District-

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Patna

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====================================================== Chandan Kumar Son Of Vijay Sao Resident Of Village-Tarwan, Police Station-Parsa Bazar, District-Patna ... ... Petitioner

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Versus

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The State Of Bihar

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Sujata Kumari Daughter Of Raju Prasad Gupta Resident Of Golapar, Prem Gali, Jhakhari Mahadev Asthan, Police Station-Danapur, District-Patna.

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... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr.Abhishek Kumar, Advocate For the Opposite Party : Ms/Mrs. Asha Devi, A.P.P. Mr. Mayank Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 07-01-2025

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Heard learned counsel for the petitioner, the State and opposite party no.2.

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The petitioner apprehends arrest in a case registered

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for the offence punishable under sections 323, 312, 313 and section 498A of the Indian Penal Code.

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Learned counsel appearing for the petitioner submits that during pendency of the bail petition, due to intervention of well wishers, parties have compromised this case outside the Court and they do not want to purse the case in the courts. A compromise petition, contained in annexure P/2 to the supplementary affidavit, has also been filed in the Court of Sub Divisional Judicial Magistrate, Patna on 17.8.2024.

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Patna High Court CR. MISC. No.20027 of 2024(6) dt.07-01-2025 2/2

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Learned counsel for the opposite party no.2 does

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not dispute this fact.

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Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned 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 Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 9441C/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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