Munna Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14600 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- BHELDI District- Saran ====================================================== Munna Kumar, Son of Raja Ram Rai, R/o Village- Hakama , P.S- Bheldi, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kumari, Wife of Munna Kumar, Daughter of Sri Bhagwan Rai, R/o village- Sirasa Bali, P.S- Bheldi, District- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 This is an application for grant of anticipatory bail in connection with Bheldi P.S. Case No. 236 of 2018, disclosing offences under Sections 498A, 341, 323, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Prosecution story as per written report is that informant was married with the petitioner and after marriage, the accused persons including petitioner started torturing her physically and mentally for demand of dowry and thereafter, petitioner left her at the matrimonial house and started residing at Bangalore. It has also been alleged that the accused persons also tried to set her on fire and then she came back to her maika. It is also alleged that petitioner has an illicit relationship with

Patna High Court CR. MISC. No.14600 of 2019(4) dt.15-07-2019 2/3 one girl.

Submission of learned counsel for the petitioner is that petitioner is residing at Bangalore and the allegation of attempt to set her on fire is false. The fact that petitioner is residing at Bangalore and he is still ready to keep her with dignity and care.

Heard learned APP as well as learned counsel appearing on behalf of the opposite party no.2, also, they have submitted that petitioner had married with another girl and she is still ready to reside with the petitioner, if she is allowed to live with dignity and care and she is being paid the monthly expenses to maintain herself.

In such view of the matter, let the petitioner, above named, surrender before the learned court below on 31.07.2019 and on that day the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself and If he is not ready to keep the opposite party no.2 at Bangalore, he will pay Rs.1500/- per month to her, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Court of

Patna High Court CR. MISC. No.14600 of 2019(4) dt.15-07-2019 3/3 A.C.J.M. XII, Saran at Chapra, in connection with Bheldi P.S. Case No. 236 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if he fails to keep her at Banglore or pay Rs.1500/- per month to her, the bail bonds of the petitioner shall be cancelled.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) sunil shukla/- U T