Bishwajit Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3415 of 2019 Arising Out of PS. Case No.-453 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Bishwajit Kumar son of Ram Bilas Prasad Resident of Village- Jai Nagar, Police Station- Nauthan, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kunti Devi Wife of Bishwajit Kumar, Daughter of Krishna Mohan Prasad Resident of Rani Pakari, Police Station- Bettiah, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 This is an application for grant of anticipatory bail in connection with Nautan P.S. Case No. 453 of 2018, disclosing offences under Sections 498(A), 323/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand of dowry. Submission of learned counsel for the petitioner is that he has filed a divorce case earlier and thereafter the present case has been lodged against the petitioner.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that the petitioner was granted privilege of

Patna High Court CR. MISC. No.3415 of 2019(4) dt.08-03-2019 2/2 police bail under Section 41(A) Cr.P.C. and as such he should surrender before the court below for regular bail. Having heard both sides, in view of the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below and make prayer for regular bail, which will be considered on the basis of materials available on record and also consider the fact that earlier the petitioner was on police bail, which appears from the case diary and did not misuse the same, if possible, to be disposed of on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T