Vishwajeet Kumar @ Bablu v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.7500 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7500 of 2017 Arising Out of PS.Case No. -585 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== VISHWAJEET KUMAR @ BABLU son of Shri Arbind Prasad Yadav, R/o- village- Fakarbad, P.S.- Sonepur, District- Saran (Chapra). .... .... Petitioner/s

Versus

State of Bihar & Anr.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 11.11.2016 in connection with Complaint Case No. 585 of 2015 registered under Sections 498-A, 323, 406/34 of the Indian Penal Code and Section 3/4 of the D.P. Act. Learned counsel for the petitioner has submitted that the petitioner happens to be husband of the complainant is innocent and has not committed any offence. There is general and omnibus allegation against the petitioner. In fact, the marriage between the petitioner and the complainant was performed in the year 2010 and since then they are living happily. The complainant is suffering for conical disease of HIV (+ve) and on this count only entire dispute between the parties has arisen and the petitioner has also lodged a divorce case in the year 2015 when came to know about the aforesaid fact. No case of assault and demand of dowry is made out against this petitioner. Petitioner is

Patna High Court Cr.Misc. No.7500 of 2017 (2) dt.10-03-2017 languishing in custody for the last two and half months. Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Complaint Case No. 585 of 2015/ Tr. No. 3562 of 2016.

(Arvind Srivastava, J.) brajesh/- U T