Anand Kumar @ Anand Kumar Sah Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46610 of 2024

Arising Out of PS. Case No.-97 Year-2021 Thana- KHAGARIA COMPALINT CASE District- Khagaria

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Anand Kumar @ Anand Kumar Sah S/O Raghunandan Sah R/O Pranwati Lane, Neelkanth Nagar Colony (NEAR Airport), P.S- Ishakchak, Distt.Bhagalpur.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Manisha Devi D/O Raj Kishore Sah, W/O Anand Kumar R/ VillagePeepralatif (MARIYA Bazar), Ward No.-15, P.S- Parbatta, Distt.- Khagaria.

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Tuntun Sah @ Tunma @ Tunna S/O Binod Sah R/ Vill- Babhangama Bazar, P.S- Bihpur, Distt.- Bhagalpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP : Mr. Mritunjay Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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5 06-02-2025

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Heard learned counsel for the petitioner, learned APP

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for the State and learned counsel appearing on behalf of the informant.

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The petitioner is apprehending his arrest in connection with Complaint Case No. 97C of 2021 for the offence under Sections 323, 324, 379, 498A and 34 of the I.P.C. and 3/4 of the Dowry Prohibition Act.

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As per the prosecution story, the complainant Manisha Devi alleged that she got married to the petitioner according to Hindi Rituals. After some time, accused persons started demanding dowry from her for establishing a business

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Patna High Court CR. MISC. No.46610 of 2024(5) dt.06-02-2025 2/3

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and also tortured her for non-fulfilment of Dowry.

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Learned counsel for the petitioner submits that Petitioner has earlier filed petition under Section 9 of Hindu Marriage Act in which O.P. No. 2 – Manisha Devi (wife of the petitioner) has not appeared and after one year the present complaint case has been filed. It is further submitted that this case was earlier referred to the Mediation Centre in which no one turned up on behalf of the complainant. Petitioner is still ready to keep his wife with full dignity and honour.

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Learned APP opposes the prayer for bail.

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Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Khagaria, in connection with Complaint Case No. 97C of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:-

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(i) One of the bailors should be close relative of the petitioner.

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Patna High Court CR. MISC. No.46610 of 2024(5) dt.06-02-2025 3/3

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(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.

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(iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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U T

Anand Kumar @ Anand Kumar Sah v. the State of Bihar

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Anand Kumar @ Anand Kumar Sah v. the State of Bihar

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