Shivjee Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16488 of 2019 Arising Out of PS. Case No.-170 Year-2017 Thana- ISLAMPUR District- Nalanda ====================================================== SHIVJEE KUMAR Son of Late Yadu Singh Resident of Village - Vrama, P.S. Kako District Jahanabad, At present Address Mohalla Sipara Dih near Bhut Bangla P.S. Beur District Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari Daughter of Late Ram Bresh Singh Resident of Village - Tetriya P.S. Islampur District Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This application, for grant of anticipatory bail, arises out of Islampur P.S. Case No. 170/2017, disclosing offences under Sections 313, 314, 498A, 376, 120B/34 of the Indian Penal Code.

Allegation as per complaint petition on the basis of which F.I.R has been instituted is that the petitioner is the brother of the bhabhi of the informant and he committed rape on the informant, thereafter, he married with the informant and after that he started torturing and assaulting the informant for demand of dowry.

Patna High Court CR. MISC. No.16488 of 2019(5) dt.25-07-2019 2/3 Submission of learned counsel for the petitioner is that he is still ready to keep the opposite party no. 2 with himself with full honour and dignity and as the opposite party no. 2 has married with some other person, she does not want to live with the petitioner and due to which, in spite of valid service of notice, she has not appeared in this case. Heard learned A.P.P. also.

From perusal of the record, it appears that in spite of notice validly served on opposite party no. 2, she has not appeared and no Vakalatnama has been filed on her behalf. Considering the facts and circumstances, of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from the date of receipt/production of a copy of this order be released on bail be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Islampur, Nalanda, in connection with Islampur P.S. Case No. 170/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is further subject to the condition that if opposite party no. 2 is ready to reside with the petitioner, the petitioner

Patna High Court CR. MISC. No.16488 of 2019(5) dt.25-07-2019 3/3 has to keep her with full honour and dignity, failing which, the opposite party no. 2 will be at liberty to move for cancellation of his bail bonds.

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