Pankaj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8908 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -SILAO District- NALANDA (BIHARSHARIFF) ======================================================
1. Pankaj Kumar Son of Ram Anugrah Singh Resident of Mohalla - Pir Pahadi, Patel Nagar, D.M. Colony, P.S. Laheri, District - Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi Wife of Pankaj Kumar Resident of Mohalla - Pir Pahadi, Patel Nagar, D.M. Colony, P.S. Laheri, District - Nalanda, presently residing at C/o Suresh Singh, village - Bindidih, P.S. Silao, District - Nalanda .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Soni Shrivastava, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.
The petitioner apprehends his arrest in Silao P.S. Case No. 95 of 2014, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code. The wife made allegation of demand of dowry and torture.
Learned counsel for the petitioner submits that the marriage was solemnized in the year 2007, but the wife of the petitioner was not residing with him. The allegation of demand of dowry is palpably false. The petitioner has filed Matrimonial Case No. 70 of 2013 for dissolution of marriage on the ground of
Patna High Court Cr.Misc. No.8908 of 2015 (2) dt.04-03-2015 2/2 cruelty and desertion. When the complainant received notice, she filed this case.
Having considered the facts that, the petitioner-husband filed divorce case on the ground of cruelty and desertion and thereafter the wife filed the present case after having received the notice in matrimonial case, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Rashmi Verma, the learned Judicial Magistrate, 1st Class, Nalanda at Bihar Sharif in connection with Silao P.S. Case No. 95 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T