Abhimanyu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3624 of 2019 Arising Out of PS. Case No.-2345 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Abhimanyu Kumar, son of Ashok Kumar Ray, Resident of village-Basthapur, P.S.-Tariyani, District-Shivhar ... ... Petitioner/s
Versus
1.
State of Bihar 2.
Kumari Ravita, Abhimanyu Kumar, D/O Sambhu Parshad Yadav, Persent Address-Resident of village-Bhit Dharwa, P.O Bakhri P.S-Pathahi District-East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhakar Kumar, Advocate.
For the complainant : Mr. U.S. Verma, Advocate. For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner, counsel for the complainant-opposite party No. 2 and the State. The petitioner seeks bail in Trial No. 2109 of 2018 arising out of Complaint Case No. C-2345 of 2017, instituted for the offence under Section(s) 498(A)/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Counsel for the petitioner submits that petitioner is husband of the complainant. He is always ready to keep his wife with full dignity and honour. He has filed a case for restitution of conjugal rights before the Principal Judge, Family, Court, Shivhar.
Counsel for the complainant-opposite party No. 2
Patna High Court Cr.Misc. No.3624 of 2019(2) dt.30-01-2019 2/2 has appeared and submitted that petitioner has assaulted the complainant while she was pregnant.
Counsel for the petitioner has refuted the submission of the informant. He submits that no medical examination of the complainant was done. The cognizance has been taken only under Section 498(A) Indian Penal Code.
Petitioner is in custody since 22.10.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Sub Divisional Judicial Magistrate, Sadar, Motihari, in connection with Trial No. 2109 of 2018 arising out of Complaint Case No. C-2345 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T