Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16244 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- MAHILA P.S. District- Nawada ====================================================== Ravi Kumar, Son of Madan Mohan Prasad, Resident of Mohalla - Pandit Nagar, near Railway Station , Biharsharif, P.S- Bihar in the district of Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being the husband of the informant, is languishing in custody since 28.01.2019 in a case registered for the offences punishable under Sections 498A, 341, 323, 494, 504/34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.
The prosecution case as per the written report of Nilam Kumari submitted to the Station House Officer of Nawada Mahila Police Station is to the effect that the informant was married with the petitioner on 05.05.2017 but subsequent to the marriage, for non-fulfillment of further dowry demand of
Patna High Court CR. MISC. No.16244 of 2019(2) dt.15-03-2019 2/3 Rs.1,00,00/-, the torture was inflicted upon the informant and ultimately, she was driven out from the matrimonial house by the petitioner and other in-law family members. It is further alleged that the petitioner has also performed second marriage with one Dhano Kumari.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and petitioner has filed Matrimonial Suit No. 393 of 2018 for restitution of conjugal rights. It is further submitted that the petitioner has not performed second marriage, statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That the petitioner has categorically denied the allegation as alleged by the informant about his remarriage with another girl. The allegation of 2nd marriage is out and out false and fabricated as the petitioner has not solemnized another marriage with any other girl."
Learned APP submits that the thrust of accusation is against the petitioner.
Considering the nature of accusation and the period under custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with
Patna High Court CR. MISC. No.16244 of 2019(2) dt.15-03-2019 3/3 two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Nawada in connection with Nawada Mahila P.S. Case No. 34 of 2018. (Dinesh Kumar Singh, J) DKS/- U T