Niranjan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1091 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Niranjan Kumar Son of Gopal Sah Resident of Village - Turki Tola Bhangha, P.S.- Falka, District- Katihar.

... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Nidhi Kumari @ Pooja Kumari aged about 21 years Gender F Wife of Niranjan Kumar Daughter of Navin Kumar Swarnkar Resident of Village - Teja Tola, P.S. KatiharS District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 118 of 2018, disclosing offences under Section 498(A) of the Indian Penal Code and Section 4 of the D.P. Act.

Allegation against the petitioner, who happens to be the husband of the informant, is of cruelty and assault to the informant with respect to demand of dowry.

Submission of learned counsel for the petitioner is that earlier to that extent the petitioner has lodged a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and he is still ready to keep her with full dignity and care. Further, the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.1091 of 2019(2) dt.17-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks and on his surrender, the court below shall release the petitioner on provisional bail for a period of two months to his own satisfaction and in the meantime, the court below will notice the informant and petitioner and on appearance of the parties, the court below will try to find out as to whether the petitioner is ready to keep the informant with himself and if it is found that the petitioner is at no fault, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper (Vinod Kumar Sinha, J) Amjad/- U T