Patna High CourtCR. MISC./13261/2017bail granted

Dinesh Kumar v. State Of Bihar And ANR

2017-05-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13261 of 2017 Arising Out of PS.Case No. -496 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dinesh Kumar, Son of Shri Binod Saw, resident of Dwarika Nath Lane, Salimpur Ahra, P.S.- Gandhi Maidan, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neha Devi, W/o Dinesh Kumar and daughter of Vijay Prakash Gupta, resident of Dwarika Nath Lane, Salimpur Ahra, P.S. Gandhi Maidan, District- Patna and now residing at Kazibagh, Khara Kuan, Gaya Ghat, P.S.- Alamganj, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.496 of 2014 for the offence allegedly committed by the petitioner under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Wife of the petitioner made allegation that she was married to the petitioner on 12.02.2013, but the petitioner and others demanded additional dowry and subject her to torture. Learned counsel for the petitioner submits that the petitioner is the husband and he is still ready to keep his wife. The petitioner filed a petition for restitution of conjugal rite, but the

Patna High Court Cr.Misc. No.13261 of 2017 (3) dt.23-05-2017 wife of the petitioner did not appear. A notice was issued in this case, but wife did not appear in the Court.

Considering the fact that the petitioner is still willing to keep his wife and the wife after issuance of notice did not appear, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City in connection with Complaint Case No.496 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Arvind/- U T