Patna High CourtCR. MISC./3711/2019bail granted

Raushan Kumar v. The State Of Bihar3812

2019-05-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3711 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Raushan Kumar, son of Bachcha Singh, resident of Vill-Dilawarpur, P.SKesariya, Distt.-East Champaran. ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Manoj Kumar Singh, son of Dudhnath Singh, resident of village-Dudha Maluhi, P.S. Majaulliya, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bal Govind Sharma, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kesariya P.S. Case No.257 of 2018/G.R. Case No.4267 of 2018 registered under Sections 341, 323, 324, 498A/34 of the Indian Penal Code beside Sections 3/4 of the Dowry Prohibition Act, pending in the court of the Chief Judicial Magistrate, East Champaran, Motihari.

The accusation is of torturing the daughter of the informant by her husband and other in-laws for non fulfillment of the dowry demand and also compelled her to move from her matrimonial house.

Patna High Court CR. MISC. No.3711 of 2019(5) dt.07-05-2019 2/2 Learned counsel appearing on behalf of the petitioner submits that the petitioner is the brother of the husband of the daughter of the informant and no overt act has been attributed against the petitioner in the First Information Report. Further submission is that while the notice as issued to the opposite party no.2 under both the processes has been served upon him validly but no one appears on behalf of the opposite party no.2. Having considered the facts and the circumstances of the case, the provisional anticipatory bail granted to the petitioner, above named, vide order dated 25.01.2019 passed by a Bench of this Court is, hereby, confirmed.

(Rajendra Kumar Mishra, J) P.S./- U