Jitesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29906 of 2015 Arising Out of PS.Case No. -1032 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Jitesh Kumar Son of Vishnu Prasad Gupta Resident of village - Wasilpur, P.O. + P.S. Arwal, District - Arwal .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shilpa Kumari D/o Shankar Kumar Gupta R/o At Nisarpura Lauk, P.S. Naubatpur, Distt. - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1032 (c) of 2014 registered for the offences punishable under Section 498(A) of the Indian Penal Code.

On the last occasion, a direction was given by this Court to return back valuables materials to opposite party no. 2 which were given to the petitioner at the time of marriage by way of gift and dowry. Learned counsel for the petitioner submits that the list has been furnished by the opposite party

no. 2 and most of the articles have been returned back by the petitioner. It is further submitted that whatever articles given to the petitioner, have already been returned to the opposite party no. 2 but still opposite party no. 2 is creating unnecessary objection only to defeat the case of the petitioner. It is further submitted that the petitioner is willing and ready to pay a sum of Rs. 1 lac which is alleged to have been given to the petitioner at the time of marriage and the same shall be returned to the opposite party no. 2 as soon as the same is arranged by him.

Considering the aforesaid submissions, let the petitioner pay a sum of Rs. 1 lacs by way of bank draft to the opposite party no. 2 within a period of six weeks and thereafter in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class Danapur, Patna in

connection with Complaint Case No. 1032(c) of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

However, it is made clear that if petitioner fails to comply the aforesaid order as agreed upon by him, it shall be open for the opposite party no. 2 to move this Court for modification of the present order. (Anjana Mishra, J) Jagdish/- U T