Dhananjay Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11854 of 2019 Arising Out of PS. Case No.-1256 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DHANANJAY KUMAR Son of Shri Tes Lal Prasad Gupta Resident of Village - Jewellers Colony, Obra, Post Office - Obra, P.S.- Obra, Distt - Aurangabad.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Madhuri Kumari D/o Suryamal Prasad Gupta, W/o Shri Dhananjay Kumar Resident of H/o Shri Surendra Prasad, Mohalla - Benu Bihra Colony, Gokulpath, Patel Nagar, P.S.- Shastri Nagar, Distt - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1256(C) of 2018, disclosing offences under Sections 498A/34 of the Indian Penal Code. Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture for non fulfilment of demand of motorcycle as dowry. Submission of learned counsel for the petitioner is that entire allegation is false and concocted and as a matter of fact, the complainant herself does not want to live with the petitioner, however, the petitioner is still ready to keep her with full honour and dignity.

Patna High Court CR. MISC. No.11854 of 2019(6) dt.23-08-2019 2/2 Heard learned A.P.P. also and also perused the record, from which, it appears that learned court below has tried to reconcile the dispute between the parties but complainant flatly refused to live with the petitioner.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge -XII -cum-ACJM, Patna, in connection with Complaint Case No. 1256(C) of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further subject to the condition that if the complainant desires to live with the petitioner, he will keep her with full honour and dignity, failing which, the complainant will be at liberty to move the court below for cancellation of bail bond of the petitioner. (Vinod Kumar Sinha, J) sunilkumar/- U T