Suranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18699 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Suranjit Kumar, Son of Late Mauji Yadav, Resident of village - Patuana, Police Station - Biharsharif, District - Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

2. Raj Laxmi, D/o Sri Shivdhar Yadav, resident of Mohalla-Block Colony, Biharsharif, P.S.-Laheri, District-Nalanda .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s : Mr. A. L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 11-09-2015 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No. 25 of 2014 registered for the offences punishable under Sections 498-A, 379, 354 of the Indian Penal Code, Sections 3 & 4 of the Dowry Prohibition Act.

It is contended that there is no allegation against

Patna High Court Cr.Misc. No.18699 of 2015 (4) dt.11-09-2015 2 / 3 the petitioner as far as the offences under Sections 379 IPC and Sections 3 & 4 of the Dowry Prohibition Act. Though there is allegation against the petitioner that he has subjected the victim to cruelty, there is no truth behind the allegation. The petitioner is employed in Government of India company and is posted at Chennai. He further submits that it would appear from the allegation made in the FIR that the main grievance of the informant is against elder brother and sister-in-law of the informant.

Learned counsel for the informant has opposed the prayer for bail. He submits that the petitioner and the informant are blessed with a female child. The petitioner has refused to take the informant of the case to his place of posting in Tamil Nadu and has almost deserted him. Taking advantage of such desertion, the family members are subjecting her to cruelty.

Regard being had to the nature of offence, in the event of arrest or surrender within a period of four weeks, 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, Nalanda at Biharsharif in

Patna High Court Cr.Misc. No.18699 of 2015 (4) dt.11-09-2015 3 / 3 connection with Mahila P.S. Case No. 25 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T