Dharamveer Thakur @ Dharamveer Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Dharamveer Thakur @ Dharamveer Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: petitioner, in the event of arrest or surrender before the Court below within thirty days from the date of receipt of the order, to be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the concerned Court where Complaint Case No. 38 (C) of 2021 is pending, subject to conditions under Section 482 (2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 38 (C) of 2021 registered for offences under Sections 498(A) and 494 of the I.P.C., should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of his arrest or surrender before the Court below within thirty days from the date of receipt of the order, the petitioner shall be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 38 (C) of 2021.

Ratio / Principle

The grant of bail is made subject to the conditions laid down under Section 482 (2) of the B.N.S.S., in connection with Complaint Case No. 38 (C) of 2021.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, Criminal Miscellaneous No.20720 of 2024, decided 22-03-2025 (Sunil Dutta Mishra, J). Petitioner Dharamveer Thakur @ Dharamveer Kumar, apprehending arrest in Complaint Case No. 38 (C) of 2021 (arising out of PS Case No.-38, Year-2021, PATNA COMPLAINT CASE) registered under Sections 498(A) and 494 of the I.P.C., instituted by his wife Smt. Sanju Devi alleging harassment after the birth of a female child and torture for fulfilment of dowry demand, was granted conditional anticipatory bail: upon arrest or surrender within thirty days, release on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, subject to the conditions laid down under Section 482 (2) of the B.N.S.S. Learned APP had opposed the prayer; notice on opposite party no. 2 could not be served as her whereabouts were not ascertainable.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20720 of 2024

Arising Out of PS. Case No.-38 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna

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

Dharamveer Thakur @ Dharamveer Kumar, S/o Bhaso Thakur, R/o village - Eakadanga, P.S. - Barh, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

Smt. Sanju Devi, W/o Dharamveer Thakur, D/o Shyam Kishore Sharma, R/o Sakin Vaimaan Tola, P.S. - Gopalpur, District - Patna

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr. Vasant Vikas, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

8 22-03-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 38 (C) of 2021 registered for the offences punishable under Sections 498(A) and 494 of the I.P.C.

As per the complainant, her marriage with the petitioner was solemnized in the year 2022. The allegation against the petitioner and his family members is that the complainant has given birth to a female child due to which she was harassed. It is further alleged that the petitioner and the family members also tortured the complainant for fulfillment of demand of dowry and she was forced to leave her matrimonial

Patna High Court CR. MISC. No.20720 of 2024(8) dt.22-03-2025 2/3

home.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Neither he nor his family members demanded any dowry as alleged and he is ready to keep his wife/complainant with full honor and dignity. The complainant herself is not ready to lead the conjugal life with the petitioner. Petitioner has no criminal antecedent and due to ulterior motive the complainant has filed the complaint case against the petitioner and his family members. He further submits that despite several efforts, notice could not be served upon the opposite party no. 2 as her whereabouts was not ascertain.

Learned APP opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with

Patna High Court CR. MISC. No.20720 of 2024(8) dt.22-03-2025 3/3

Complaint Case No. 38 (C)of 2021, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Sunil Dutta Mishra, J)

khushbu/-

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