Patna High CourtCR. MISC./34123/2015disposed

Krishna Kumar v. The State Of Bihar

2016-02-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34123 of 2015 Arising Out of PS.Case No. -197 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Krishna Kumar Son of Paras Prasad Mohalla - Sekhpura, Thana - Ramkrishna Nagar, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kumar For the Opposite Party/s : Mr. J.N. Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 498A,504 and 323 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands. The informant claimed that she was abducted forcibly by the petitioner and kept for three days and when the family members of the informant were not ready to keep her then with the intervention of the police the petitioner agreed to keep the informant as wife with due dignity and honour. It is submitted by the learned counsel for the petitioner that the petitioner disputes the factum of marriage with the

Patna High Court Cr.Misc. No.34123 of 2015 (4) dt.08-02-2016 2/2 informant but admits that he was released by the police on execution of personal recognition bond. It is further submitted that the petitioner and the informant are under prohibited degree of relationship, hence the marriage was not possible. Considering the fact that the petitioner was directed to be released by the police on execution of personal recognition bond, the present anticipatory bail application is not maintainable. However, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Ramkrishna Nagar P.S. Case No. 197 of 2014 pending in the court of learned J.M. Ist Class, Patna.

This application is disposed of with the aforesaid observation/direction.

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