Patna High CourtCR. MISC./46688/2016bail granted

Shailesh Kumar v. The State Of Bihar

2017-05-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46688 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Shailesh Kumar s/o Jagat kishore Prasad, r/o - vill Pasraila, P.S. - Rajauli, Distt. - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 379, 504/34/498A/147 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

This is a case under Section 498A of the Indian Penal Code. The petitioner is the husband. There is general and omnibus allegation against the petitioner of demand of dowry and torture for the same including the physical assault.

Notice was issued to the wife-complainant but she has not appeared.

Submission of the petitioner is that the wifecomplainant had already filed a divorce case, though the petitioner

Patna High Court Cr.Misc. No.46688 of 2016 (7) dt.18-05-2017 2/2 is willing for restoration of conjugal life.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Nawada/successor Court in connection with Mahila Police Station Case No. 19 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T