Rajesh Kumar Mishra @ Rajesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49724 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -KOPA District- SARAN ======================================================
1. RAJESH KUMAR MISHRA @ RAJESH KUMAR Son of Uday Kishore MIshra Resident of Village - Baidoli, P.S.- Barkha Manjha Mairwa, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar
2. Reeta Kumari Daughter of Nagendra Pandey Resident of Village - Anwal, P.S.- Kopa Samhauta, District - Saran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sushmita Mishra, Advocate For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 379, 406, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner admits the marriage with the informant on 28.06.2011, but the complainant deserved him as a result the petitioner filed Matrimonial Suit No. 247 of 2014 for prayer of divorce on 22.12.2014, wherein
Patna High Court Cr.Misc. No.49724 of 2015 (2) dt.29-10-2015 she entered appearance on 21.04.2015 and thereafter on 29.04.2015 the present case has been lodged.
Considering the filing of the Matrimonial Suit by the petitioner at earlier point of time and filing of the present case and entered appearance in the Matrimonial Suit, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chhapra in connection with Kopa P.S. Case No. 77 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T