Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12911 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -GOPALPUR District- PATNA ====================================================== Jitendra Kumar, S/o Surendra Prasad, residing at Kathrahi, P.S.- Bind, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jyoti Kumari @ Guriya, daughter of Indra Deo Prasad, at present R/o village-Sona Gopalpur, P.S.-Gopalpur, District-Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 341, 323, 307, 315 and 498A/34 of the Indian Penal Code.

The petitioner is the husband of the opposite party no.2 and he is in custody since 28.09.2016. Allegation is of demand of dowry and torture for the same. Notice was issued to the opposite party no.2, but she is not physically appearing in this case for reconciliation.

Learned counsel for the opposite party no.2 submits that this is not only a case under Section 498A of the Indian Penal

Patna High Court Cr.Misc. No.12911 of 2017 (3) dt.08-05-2017 Code, rather it is a case of an attempt to commit murder. Considering the entire facts and circumstances as well as the period already undergone by the petitioner, let petitioner, above named, be enlarged on provisional bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubJudge-IX, Patna/Successor Court, in connection with Gopalpur P.S. Case No.147 of 2016.

The provisional bail of the petitioner shall be confirmed by the learned court below on satisfaction that the petitioner shall cooperative in the reconciliation proceeding. (Birendra Kumar, J) Arvind/- U T