Prashant Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1627 of 2019 Arising Out of PS. Case No.-3490 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Prashant Kumar, son of Ram Narayan Das @ Ram Narayan, Resident of village- Mohanpur, Post office-Mohanpur, P.S- Mohanpur, Dist- Samastipur ... ... Petitioner
Versus
1. The State of Bihar
2. Mukund Ranjan, w/o Sri Prashant Kumar, D/o sri Shyam Nandan Das, R/o Mohalla -Mohanpur Samastipur, P.S- Gramin Samstipur, Dist- Samastipur, at present residing New Lalji tola , House of Pappu Yadav, P.S- Gandhi Maidan, P.O. -G.P.O Dist- Patna ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr.Advocate with Mr.Sanjeet Kumar, Advocate For the Opposite Party/s :
Smt. Reena Sinha, APP For O.P.No.2 : Mr. Sanjiv Sharan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 Petitioner apprehends his arrest in connection with Complaint Case No. 3490(C) of 2015 in which cognizance has been taken for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act. Allegation against the petitioner is of subjecting her wife to cruelty with respect to demand of dowry. Submission of learned counsel for the petitioner is that opposite party No.2 was earlier married with one Ravi Shankar Gupta in the year 2009, which will appear from Annexure-3 and marriage with the petitioner was solemnized in the year 2013 and after coming to know about earlier marriage
Patna High Court Cr.Misc. No.1627 of 2019(2) dt.24-01-2019 2/3 the petitioner has filed a divorce suit in which opposite party No.2 has appeared and filed written statement not denying the fact of her earlier marriage and stated that earlier her marriage was solemnized by playing fraud upon her and thereafter she has filed a suit for nullity of earlier marriage and due to that the present case has been filed against the petitioner. Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail of the petitioner stating that petitioner is the husband of opposite party No.2 and he has taken money from her.
Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender 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 Chief Judicial Magistrate, Patna, in connection with Complaint Case No. 3490(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that if any maintenance case or suit is filed by opposite party No.2,
Patna High Court Cr.Misc. No.1627 of 2019(2) dt.24-01-2019 3/3 petitioner has to co-operate in disposal of the same. With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T