Setu Prasad @ Setu Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6861 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Setu Prasad @ Setu Kumar Son of Omkar Prasad Resident of MohallaGandhi Nagar, Katira. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumar @ Seema Devi Wife of Setu Prasad, Daughter of Late Radha Charan Prasad Resident of Mohalla- Madhubag Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2019 This is an application for grant of anticipatory bail in connection with Bhojpur Mahila P.S. Case No. 153 of 2018, disclosing offences under Sections 498(A), 379, 34 of the Indian Penal Code.

Allegation against the petitioner is of torturing the informant with respect to demand of dowry and also there is allegation of tried to set her on fire.

Submission of learned counsel for the petitioner is that prior to that he 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 and there is no injury report available in the case diary.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.6861 of 2019(3) dt.03-04-2019 2/2 informant, they have opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara, in connection with Bhojpur Mahila P.S. Case No. 153 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition that if any case for maintenance is being filed by the opposite party no.2, the petitioner shall cooperate in disposal of the said maintenance case.

(Vinod Kumar Sinha, J) Amjad/- U T