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Patna High CourtCR. MISC./14806/2019allowed

Raj Kumar @ Raj Kumar Prasad @ Amarnath Prasad v. The State Of Bihar And ANR

2019-03-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14806 of 2019 Arising Out of PS. Case No.-964 Year-2008 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAJ KUMAR @ RAJ KUMAR PRASAD @ AMARNATH PRASAD Son of Mahavir Prasad Resident of Mohalla - Alinagar, P.S.- Bihar Sharif, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar AND ANR Bihar 2.

Poonam Devi Wife of Raj Kumar Prasad @ Amarnath Prasad Resident of Mohalla - Alinagar, P.S.- Bihar Sharif, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Complaint Case No. 964C/2008 for the offenses under Sections 323 and 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the husband. The petitioner has no criminal antecedent. The marriage took place 15 years back and the petitioner and the complainant-opposite party No. 2 were blessed with two sons and a daughter. It is alleged that while the complainant was sleeping the petitioner had sprinkled K.oil on her body but when she woke up he pressed her neck but her

Patna High Court CR. MISC. No.14806 of 2019(2) dt.11-03-2019 2/2 father-in-law saved her life. The petitioner is in custody since 9.10.2018. In para-6 there is statement that the petitioner never demanded any dowry or tortured his wife.

Considering the fact that the petitioner has no criminal antecedent, he is in custody since 9.10.2018 and his statement in paragraph-9 that he is ready to keep his wife with full honour and dignity, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 964C/2008, subject to the conditions that bailors should be parents.

(Anil Kumar Upadhyay, J) spandey/- U T