Kishan Kumar @ Kishan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18032 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Kishan Kumar @ Kishan Kumar Das, Son of Luxmi Das @ Lakshmi Das, Resident of Mohalla- Mochi Bazar, 20/P. Harish Niyagi Road, P.S.- Manik Talla, Kolkatta 700067 (West Bangal).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari, Wife of Kishan Kumar, Daughter of Shankar Das, At present (Naihar) Address- Village - Puraina, P.S.- Korma, District - Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 02 (C) of 2018, disclosing offences under Sections 323 and 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation as per complaint petition lodged by the complainant-wife, petitioner happens to be the husband of the complainant and others is that the accused persons were demanding Rs.2,00,000/- and thereafter, they will marry the petitioner to some other place. They all abused and assaulted her and ousted her from the house.

Submission of the learned counsel for the petitioner is that the whole allegations are false and concocted. As as matter of fact, the complainant is not ready to reside with father and mother of the

Patna High Court CR. MISC. No.18032 of 2019(4) dt.15-07-2019 2/2 petitioner in the house and as such, she left the house and it further appears from the Annexure-2 that the petitioner was ready to take her but the complainant and his father was not ready to go with the petitioner. Further submission is that petitioner has left Kolkata and is residing at Sheikhpura, which will appear from the order sheet of S.D.J.M. Sheikhpura annexed as Annexure 2 in this case. Heard learned A.P.P. also.

In this case, earlier notice was issued to the complainant and office notes disclosed that she has also appeared through Vakalatanama, but nobody appears on behalf of the complainant. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Sheikhpura, in connection with Complaint Case No. 02 (C) of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T