Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22038 of 2015 Arising Out of PS.Case No. -188 Year- 2014 Thana -DHANARUA District- PATNA ====================================================== Deepak Kumar S/o Late Deopati Chaudhary .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341/323/324/379/498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of dowry demand. The factum of marriage of petitioner with the informant having no issue is admitted fact.

It is submitted by learned counsel for the petitioner that initially the informant filed Dhanarua P.S. Case No.181 of 2012 on 30.05.2012 wherein the petitioner has been acquitted vide judgment dated 04.03.2014 and, thereafter, with similar accusation the present case being Dhanarua P.S. Case No. 188

Patna High Court Cr.Misc. No.22038 of 2015 (2) dt.21-05-2015 2/2 of 2014 was filed on 21.06.2014, and now the informant has filed Belaganj P.S. Case No. 17 of 2015 on 11.02.2015 with similar accusation in which the petitioner is on anticipatory bail. It is further submitted that the wife of the petitioner has technically leading married life with the cousin of the petitioner, which has been admitted by the sister-in-law of the petitioner in the written report lodged on 12.09.2015 being Dhanarua P.S. Case No. 303 of 2014.

Considering the fact that lodging of the cases with similar accusation wherein in one case petitioner has been acquitted and in another he has been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No.188 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T