Sukh Sagar Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14601 of 2019 Arising Out of PS. Case No.-984 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sukh Sagar Kumar, Son of Vishwanath Prasad Singh, Resident of VillageKhaspur, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Devi, D/o Ram Janam Singh, Resident of Villag- Jethuli, P.O.- Kacchi Dargah, P.S.- Fathua, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the complainant, is languishing in custody since 14.02.2017, in a complaint case, wherein process has been directed to be issued, after cognizance being taken for the offences punishable under Section 498(A), 323 and 504/34 of the Indian Penal Code.

The prosecution case is that the complainant was married with the petitioner on 06.12.2014, but, subsequent to the marriage, there was further dowry demand of Rs.5,00,000/- for the purpose of starting a business and due to non-fulfillment of the same, torture was inflicted upon the complainant.

Patna High Court CR. MISC. No.14601 of 2019(2) dt.11-03-2019 2/2 It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, the offence under Section 498A is not made out against the petitioner as the amount was demanded for the business purpose. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the accusation is specific against the petitioner.

Considering the nature of accusation and period under custody, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Patna City, Patna in connection with Complaint Case No.984 of 2015.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T