SUSHANT KUMAR Vs. STATE

JUDGEMENT

(1.) The present bail application is filed under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with Sec. 482 of the Code on behalf of the petitioner Sushant Kumar for grant of anticipatory bail in FIR bearing no.0438/2023 dtd. 24/7/2023 registered under Sec. 376 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at P.S. Binda Pur.

(2.) The present FIR was got registered on the basis of complaint made by the complainant/prosecutrix wherein she stated that in July 2022, her father and father of the petitioner/Sushant Kumar had talked about the engagement of the prosecutrix with the petitioner. She got engaged to the petitioner on 5/12/2022 at Atithi Hotel, Bakhtiyarpur, Bihar in the presence of 75-100 relatives. Thereafter, the family members of the petitioner started to demand dowry from her family. She further stated that her family had already given Rs.3.00 lakhs in cash at the time of the engagement and Rs.2.00 lakhs had been spent in the engagement. On 14/2/2023, the petitioner came to her house and tried to get physical with her but she denied. Thereafter, on 15/3/2023, the petitioner again came to her house to stay there for 10 days and at that time, she was ill and the petitioner took advantage of the same and got physical with her twice. He told her not to tell anyone about the incident as he is her husband now. When the petitioner left her house on 23/3/2023, her father gave Rs.3.00 lakhs in cash to the petitioner because the father of the petitioner had put pressure on him for the same. When the date of their marriage was fixed, the petitioner's father demanded Rs.10.00 lakhs from her father. Her father told the petitioner's father that he does not have the capacity to give such amount. The petitioner started to avoid her and refused to marry her. The petitioner's father told her father to look for someone else if they cannot give the demanded amount as dowry. She alleged that the petitioner made physical relations with her on the false pretext of marrying her.

(3.) During investigation, the statement of the prosecutrix was recorded under Sec. 164 of the Code wherein she repeated the allegations as mentioned in the FIR. The investigation is pending and the charge-sheet has not been filed.