Amit Kumar Verma @ Amit Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32231 of 2014 Arising Out of PS.Case No. -226 Year- 2008 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Amit Kumar Verma @ Amit Kumar Gaurav son of Srikant Verma resident of Congress Office Road, Hazaribagh, Police Station Sadar, District - Hazaribagh.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s : Mr. Ram priya Sharan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The marriage of petitioner was solemnized with the complainant in the year 2006 but the complainant filed Complaint Case No. 226 (C) of 2008 against the petitioner and others for the offence punishable under section 498A and 323/34 of the Dowry Prohibition Act.

Admittedly, petitioner filed matrimonial suit no. 40 of 2007 in the court of Principal Judge Family court Hazaribagh, prior to filing of the present case. The aforesaid matrimonial suit was decreed and accordingly vide judgment dated 13.09.2012 the marriage of the petitioner with complainant was ordered to be

Patna High Court Cr.Misc. No.32231 of 2014 (2) dt.06-02-2015 2/2 dissolved. The judgment of the aforesaid case is available at Annexure-4 to this petition and the aforesaid Annexure-4 reveals that though the complainant filed written statement and contested the aforesaid suit but she did not adduce any evidence before the Principal Judge Family court, Hazaribagh in the above stated matrimonial suit. There is nothing in the order of learned Sessions Judge, Jamui to show that any process was ever served upon the petitioner in connection with the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in Complaint Case No. 226 ( C ) of 2008, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U