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2025 DAILYLAW 33502 (PAT)

Sapan Das @ Swapan Das v. The State of Bihar

CR. MISC./23525/2025 · 2025-04-30

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23525 of 2025 Arising Out of PS. Case No.-37 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Sapan Das @ Swapan Das, S/O Gopal Das, R/O Vill.- Jagarnathpur, P.S.- Chanchal, Dist.- Malda, (West Bengal). ... ... Petitioner Versus 1. The State of Bihar 2. Papiya Saha W/O Devashish Das, D/O Jaideo Saha R/O Hat Balrampur, P.S.- Abadpur, Dist.- Katihar. ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with CA Case No. 37 of 2022 registered for the offences punishable under Sections 498(A), 376 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. 3. The allegation against the petitioner is to commit cruelty upon the complainant/O.P. No. 2 along with family members, as demand of Rs. 2 Lakhs as dowry was not fulfilled by the parents of the complainant/O.P. No.2. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.23525 of 2025(2) dt.30-04-2025 2/3 petitioner submitted that petitioner is father-in-law of the complainant/O.P. No.2, who is living separately and having no connection with daily and domestic affairs with the complainant and her husband. It is submitted that implication of petitioner appears only for the reasons that he is the father of husband of the complainant/O.P. No.2. It is further submitted that allegation against petitioner is very much general and omnibus in nature, rather the thrust of allegation is available against the husband of complainant/ O.P. No. 2 namely, Devashish Das. Petitioner claimed to be a man of clean antecedent. 5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. In view of the aforesaid factual submissions and by taking note of the fact as petitioner is father-in-law of the complainant facing general and omnibus allegation qua alleged cruelty, where prima-facie petitioner has no connection with daily and domestic affairs with the complainant/O.P. No. 2, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four Patna High Court CR. MISC. No.23525 of 2025(2) dt.30-04-2025 3/3 weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Katihar, in connection with CA Case No. 37 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Rajeev/- (Chandra Shekhar Jha, J) U T