Dr. Lalitesh Kant v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16840 of 2017 Arising Out of PS.Case No. -1841 Year- 2014 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ====================================================== Dr. Lalitesh Kant, Son of Sri Jaikant Mandal, R/o Lakhan Chauk Bhatta Bajar, P.S. K. Hat, District-Purnea.

.... .... Petitioner

Versus

1. The State of Bihar,

2. Sunita Kumar @ Sunita Kant, Daughter of Late Chunni Rai, R/o village- Rai Saheb Pokhar, Laheriasarai, P.S. Bahadurpur, District - Darbhanga.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner, Learned counsel appearing on behalf of O.P. No.2 and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Compliant Case No.1841 of 2014, registered under Section 498(A) of the Indian Penal Code and 3 / 4 of the Dowry Prohibition Act. The accusation is of torturing of the complainant/O.P. No.2 by her husband and other in-laws due to non-fulfillment of demand of dowry and removing her from matrimonial house and also performing re-marriage by her husband.

Learned counsel for the petitioner submits that petitioner and O.P. No.2 are Doctors and due to some differences the petitioner filed Matrimonial Case No. 261 of 2014 in the Court of 21.08.2014, which was decreed ex-parte on 15.11.2016 and after filing the

Patna High Court Cr.Misc. No.16840 of 2017 (5) dt.06-09-2017 2/2 aforesaid case by the petitioner his wife (O.P. No.2) lodged the present Complaint case on 12.11.2014.

On the other hand, learned counsel appearing on behalf of O.P. No.2 submits that Matrimonial Suit No. 261 of 2014 filed by the petitioner in which ex parte order was passed behind the O.P. No.2 and after knowing the facts, she has also filed restoration in which notice has also been filed.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Darbhanga in connection with Complaint Case No. 1841 of 2014, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T