Abhya Kumar Nirala @ Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.10104 of 2015 (2) dt.24-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10104 of 2015 Arising out of PS.Case No. -180 Year- 2014 Thana -SAJJOR (SHAHKUND) DistrictBHAGALPUR ====================================================== Abhya Kumar Nirala @ Mukhia Son of Yamuna Prasad Rai, Resident of Hasan Chak, P.s. - Sajjor (Shahkund), District - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Ajay Kumar-I, APP For the Informant :

Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 498(A), 504 and 506/34 of the Indian Penal Code as well as Sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that he along with his family members demanded dowry from the informant and due to non-fulfillment of the demand of dowry, the informant has been tortured and ousted from her matrimonial home. It is submitted that the petitioner is the husband of the informant and he is ready to lead conjugal life with her. The

Patna High Court Cr.Misc. No.10104 of 2015 (2) dt.24-04-2015 petitioner has no criminal antecedent and he has been in custody since 31.10.2014.

Considering the allegation and the submission that the petitioner is ready to lead conjugal life with the informant having no criminal antecedent and the fact that he has been in custody since 31.10.2014, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur/court concerned in connection with Sajjor (Shahkund) P.S. Case No. 180 of 2014 with following conditions:-

(1) The petitioner will not indulge himself in similar or any other offence.

(2) One of the bailors must be the close relative of the petitioner.

(3) The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J.) Sanjay/- U T