Patna High CourtCR. MISC./56750/2018bail granted

Chandrabhushan Kumar v. State Of Bihar And ANR

2018-10-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56750 of 2018 Arising Out of PS. Case No.-922 Year-2013 Thana- HAJIPUR District- Vaishali ====================================================== Chandrabhushan Kumar S/o Yadubansh Rai @ Jadubansh Rai, R/o Vill.- Mohanpur, P.S.- Patori, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Suman Kumari W/o Chandrabhushan Kumar D/o Bindeshwar Rai, R/o Mohalla- Andarkila, P.S.- Hajipur Town, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rina Sinha For the Opposite Party/s :

Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Hajipur Town P.S. Case No. 922 of 2013 registered for the offence punishable under Sections 341, 323, 342, 494, 498 A/34 of the Indian Penal Code and 3⁄4 Dowry Prohibition Act.

Informant has lodged FIR on 25.07.2002 stating therein that her marriage was solemnized with petitioner and after marriage she was subjected to torture for non-fulfillment of demand of dowry. She was ousted from her matrimonial Home. On 16.12.2013 her parents went to her matrimonial

Patna High Court Cr.Misc. No.56750 of 2018(3) dt.06-10-2018 2/2 house alongwith 2-3 persons to settle the dispute but same could not be resolved. Petitioner has entered into second marriage.

It has been submitted on behalf of the petitioner that the informant does not want to lead her conjugal life with the petitioner. It has been further submitted that there is no specific allegation against petitioner. Petitioner is ready to keep his wife with full dignity and love. Petitioner has no criminal antecedent and he surrendered before the court on 06.07.2018 and since then he is in custody.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 922 of 2013.

(S. Kumar, J) veena/- U T