Sanoj Kumar Singh Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43312 of 2024

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Arising Out of PS. Case No.-217 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar

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Sanoj Kumar Singh S/o Ramesh Prasad Singh R/o village-Tarauna, P.s.Tarabari, District-Araria

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sweta Kumari @ Sweta Bharti w/o Sanoj Kumar Singh, D/o Jay Prakash Singh R/o village-Kumaripur, P.S.-Manihari, District-Katihar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Bhola Prasad, Advocate For the State : Mr. Akshay Lal Pandit, APP For Opposite Party No.2 : Mr. Shivendra Prasad, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 05-02-2025 Heard learned counsels for the parties.

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The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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The prosecution case, in brief, is that this petitioner, along with his family members, tortured the complainant/Opposite Party No. 2 mentally and physically due to non-fulfillment of demand of dowry. It is further alleged that all the accused persons, including this petitioner, abused her and ousted her from her matrimonial house.

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It is submitted by learned counsel for the petitioner that the petitioner is husband of complainant/Opposite Party No.

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Patna High Court CR. MISC. No.43312 of 2024(4) dt.05-02-2025 2/3

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It is submitted that he never demanded any dowry. As a matter of fact petitioner is ready to keep the complainant/Opposite Party No. 2 as his wife with full honour and dignity. It is further submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in the case of

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Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 . As a matter of fact, the complainant/Opposite Party No. 2 has herself left her matrimonial house and started residing at her Maika . Lastly, it is submitted that pursuant to order dated 09.10.2024 passed by the learned Family Court, Katihar in Maintenance Case No. 307 of 2022 petitioner is already paying Rs. 7,000/per month to the complainant/Opposite Party No. 2 as maintenance regularly. Petitioner claims clean antecedents.

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On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

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Considering the aforesaid facts and circumstances, nature of accusation, the fact that petitioner is already paying maintenance every month to the complainant/Opposite Party

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Patna High Court CR. MISC. No.43312 of 2024(4) dt.05-02-2025 3/3

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No. 2 and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

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Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned S.D.J.M., Katihar in connection with C.A. No. 217 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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shashank/-

Sanoj Kumar Singh v. The State of Bihar

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Sanoj Kumar Singh v. The State of Bihar

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