Patna High Court

CR. MISC./49788/2026 of Chandan Kumar Ram Vs The State of Bihar on 29 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49788 of 2026 Arising Out of PS. Case No.-57 Year-2025 Thana- COMPLAINT CASE - SHAHPUR PATORI District- Samastipur ====================================================== Chandan Kumar Ram S/O Late Dular Ram R/O Vill.- Vishanpur, Ward no. 9,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49788 of 2026

Arising Out of PS. Case No.-57 Year-2025 Thana- COMPLAINT CASE - SHAHPUR

PATORI District- Samastipur

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

Chandan Kumar Ram S/O Late Dular Ram R/O Vill.- Vishanpur, Ward no. 9, P.s.- Mohaddi Nagar, Dist.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

Juli Kumari W/O Chandan Kumar Ram, D/O Late Diresh Ram R/O Vill.- Dhaneshpur South, P.s.- Vidyapatinagar, Dist.- Samastipur.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Parashuram Singh, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman. APP

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

29-07-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned APP at the outset submits that from perusal of the anticipatory bail application, it would manifest that petitioner is seeking anticipatory bail in Complaint Case No. 57 of 2025 in which cognizance has been taken under Sections 115(2) and 352 of BNS read with Sections 3 and 4 of the Dowry Prohibition Act. It is next submitted that after cognizance is taken, summons are issued and if petitioner based on summons appears before the learned Trial Court, the petitioner will not be arrested rather will join the proceeding before the learned Trial Court and for the said submission relies on an order of the Hon’ble Supreme Court in SLA (Criminal No. 16221 of 2025, Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika Vs State of Jharkhand and another) disposed Patna High Court CR. MISC. No.49788 of 2026(2) dt.29-07-2026

of by an order dated 23.04.2026 and relies on Para 8, 9 and 10 of the order dated 23.04.2026.

3. Learned counsel appearing on behalf of the petitioner submits that petitioner being husband has been falsely implicated in the instant case and the dispute is matrimonial, but then, is not in a position to rebut the submission made by the learned APP that since summons have been issued, the petitioner ought to have appeared before the learned Trial Court and joined the proceedings. It is also submitted that till date non-bailable warrant of arrest has not been issued.

4. After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioner to appear before the learned Trial Court on or before 14.08.2026 with a copy of the order dated 23.04.2026 in SLA (Criminal No. 16221 of 2025, Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika Vs State of Jharkhand and another) and the learned Trial Court shall proceed strictly in accordance with the order of the Hon’ble Supreme Court.

rajesh/- (Satyavrat Verma, J) U T

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