Prakash Kumar Jha @ Tillu @ Prakash Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15814 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Prakash Kumar Jha @ Tillu @ Prakash Kumar, Son of Amrendra Thakur Resident of Village- Belsand, Besides Hospitla, P.S.- Belsand, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aparna Kumari, W/o Prakash Kumar Jha @ Tillu, Presently, residing with her father Shashinath Mishra, Resident of Village- Birganj, Ward No. 15, P.S.- Birganj, District- Parsa, Nepal.

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sitamarhi Mahila P.S. Case No. 52 of 2018, registered under Sections 341, 323, 313, 312, 498(A) and 506/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The accusation is of torturing of informant-opposite party no.2 by her husband and in-laws due to non-fulfillment of demand of dowry and removing from her matrimonial house. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.15814 of 2019(14) dt.06-02-2020 2/2 admittedly, petitioner is the husband of informant-opposite party no.2 and due to misunderstanding, the present case has been lodged, while on several occasions notice was issued to the opposite party no.2 but the same could not be served and thereafter, notice to opposite party no. 2 was sent to serve her counsel appears in the trial court but that was also not served due to non-engagement of any counsel.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sadar, Sitamarhi, in connection with Sitamarhi Mahila P.S. Case No. 52 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T