Jeevan Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6155 of 2019 Arising Out of PS. Case No.-33 Year-2018 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Jeevan Kumar, Son of Indradeo Rai @ Indradeo Mandal, Resident of Mohalla- Adampur Radha Rani Sinha Road, P.S- Adampur, Dist. Bhagalpur. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Shiromani Devi, Daughter of Ram Chandra Mandal, resident of Village -Pairdominia Mal (Panchrukhi), P.S. - Shahkund, Dist. Bhagalpur ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr. Advocate with Mr.Pravin Kumar Sinha & Miss Preety Kunwar For the Opposite Party/s :
Mr.Dr. Mayanand Jha, APP For O.P. No.2 : Mr. Harsh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 33 of 2018 registered for the offences punishable under Sections 498A, 494, 323, 341, 379, 354B, 504, 506 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Allegation against the petitioner is that he has subjected his wife-informant to cruelty and assaulted her for demand of Rs.2 lacs and further allegation is that petitioner married with another lady.
Submission of learned counsel for the petitioner is that earlier also she has filed a case under Sections 307, 498A and other sections of IPC in which there was submission that
Patna High Court CR. MISC. No.6155 of 2019(6) dt.25-06-2019 2/3 petitioner had married with another lady and considering the same prayer for anticipatory bail of the petitioner was allowed in Cr.Misc.No. 295 of 2019 vide order dated 3.4.2019 and he is still ready to settle the dispute and the matter was referred to the Patna High Court Mediation and Conciliation Centre. However, due to unreasonable demand made by opposite party No.2 the matter could not be settled.
Heard learned APP and learned counsel for the informant, opposite party No.2, who has opposed the prayer for anticipatory bail on the ground that in the earlier case there was no allegation of marrying with another lady and now he has made allegation that petitioner has married with another lady and that has been found true by police and charge sheet has also been submitted and further brother of opposite party No.2 has been assaulted and for that he has filed a complaint case. In view of above facts and circumstances, let petitioner surrender within a period of six weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bhagalpur, in connection with Bhagalpur Mahila P.S. Case No.
Patna High Court CR. MISC. No.6155 of 2019(6) dt.25-06-2019 3/3 33 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J) spal/- U T