Patna High CourtCR. MISC./7045/2015bail granted

Nishant Kumar v. State Of Bihar And ANR

2015-02-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7045 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7045 of 2015 Arising Out of PS.Case No. -1431 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Nishant Kumar S/o Bidyapati Sinha .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amrita Kumari daughter of Sri Krishna Mohan Prasad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1431 of 2013 in which cognizance has been taken for the offences punishable under Sections 498 A of the Indian Penal Code and 4 of the Dowry Prohibition Act. Petitioner happens to be husband of the complainant but it is obvious from perusal of Annexure-2 to this petition that complainant has herself filed a suit for dissolution of marriage. Moreover, the impugned order of learned Sessions Judge reveals that the complainant refused to lead her conjugal life with the petitioner.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.7045 of 2015 (2) dt.23-02-2015 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, East, Muzaffarpur in Complaint Case No. 1431 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T