Patna High CourtCR. MISC./12342/2015bail granted

Manohar Kumar @ Manohar Singh v. The State Of Bihar

2015-07-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12342 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Manohar Kumar @ Manohar Singh, Son of Ramashish Singh, Resident of Village- Dhanpurwa, P.S.- Sasaram (M), District- Sasaram. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 30-07-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party no. 2.

The petitioner seeks anticipatory bail in connection with Mahila P.S. Case No. 260 of 2014 registered under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

It is contended that there is no truth behind the allegations made in the FIR. The petitioner had filed a matrimonial case vide Matrimonial Case No. 130 of 2014 in the court of Principal Judge, Family Court, Rohtas at Sasaram on

Patna High Court Cr.Misc. No.12342 of 2015 (3) dt.30-07-2015 2 / 2 12.06.2014 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1956 and, thereafter, the present FIR has been instituted on 12.12.2014.

Learned counsel for the informant has vehemently opposed the prayer for bail. He has submitted that no notice was ever served upon informant of the case in respect of matrimonial suit filed by the petitioner.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks in the court below, the petitioner is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Mahila P.S. Case No. 260 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T