Chunnu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Chunnu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted, conditional on the petitioner keeping the informant as his wife in her matrimonial home and treating her properly; release ordered on arrest or surrender within four weeks on a personal bond of Rs. 10,000/- with two sureties of the like amount each before the learned District and Additional Sessions Judge-I, Vaishali at Hajipur, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in connection with Vaishali (Belsar O.P) Police Station Case No. 197 of 2024.

Court's answer

Taking into account that both parties were ready to amicably settle their dispute, the petitioner admitting the marriage and ready to keep the informant as his wife in her matrimonial home, and the informant ready and willing to live with him, anticipatory bail was granted subject to the condition that the petitioner will keep the informant as his wife and treat her properly.

Ratio / Principle

In the event of arrest or surrender before the Court below within four weeks, the petitioner was directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-I, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P) Police Station Case No. 197 of 2024, subject to the conditions laid down under Section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory bail – conditional grant – Patna High Court (Anil Kumar Sinha, J.), 19-02-2025 – Application in Vaishali (Belsar O.P) P.S. Case No. 197 of 2024 alleging offences under Sections 376, 498(A), 504, 34 IPC and Sections ¾ D.P. Act, with prosecution narrative of a marriage performed on 10.12.2023 and a subsequent dowry demand of Rs. 10 lacs – Petitioner admitted the marriage and offered to keep the informant as his wife in her matrimonial home; informant's counsel raised no objection on that footing – Court found both parties ready to amicably settle and granted anticipatory bail expressly conditional on the petitioner keeping the informant as his wife and treating her properly – Release ordered on arrest or surrender within four weeks on bond of Rs. 10,000/- with two like sureties before District and Additional Sessions Judge-I, Vaishali at Hajipur, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3226 of 2025

Arising Out of PS. Case No.-197 Year-2024 Thana- VAISHALI District- Vaishali

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

Chunnu Kumar S/o- Vipin Kumar Singh Village-Bahiwara Ps- Saraiya DistMuzaffarpur

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 19-02-2025

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Vaishali (Belsar O.P) Police Station Case No. 197 of 2024, disclosing offences under Sections 376, 498(A), 504, 34 of the Indian Penal Code and Sections ¾ of the D.P. Act.

As per the prosecution case, the informant was in love with the petitioner for the last one year and the petitioner used to insist upon the informant to establish physical relationship upon which the informant told him to marry her first failing which she would not allow him to establish physical relationship. It has further been alleged that on 10.12.2023, informant performed marriage with the petitioner at her parental home and thereafter, they started living as husband and wife but

Patna High Court CR. MISC. No.3226 of 2025(2) dt.19-02-2025 2/3

the petitioner did not take her to the matrimonial home of the informant. When the informant’s father went to petitioner’s house, then his parents made a demand of Rs. 10 lacs as a dowry.

Learned Counsel for the petitioner submits that the petitioner is admitting the marriage and is ready and willing to keep the informant as his wife with him in her matrimonial home.

On the other hand, learned counsel for the informant submits that if the petitioner is willing to keep the informant as his wife, the petitioner may be granted anticipatory bail subject to the condition that he will keep the informant as his wife in her matrimonial home and shall treat her properly.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are ready to amicably settle their dispute and the petitioner is ready to keep the informant as his wife with him in her matrimonial home and the informant is also ready and willing to live with the petitioner as her husband, I am inclined to grant the petitioner privilege of anticipatory bail subject to the condition that he will keep the informant as his wife and will treat her properly.

Patna High Court CR. MISC. No.3226 of 2025(2) dt.19-02-2025 3/3

7. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his

arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P) Police Station Case No. 197 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

HarshPandey/-

U T