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Patna High CourtCR. MISC./26630/2019bail granted

Niraj Kumar Mallik v. The State Of Bihar

2019-07-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26630 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== NIRAJ KUMAR MALLIK Son of Sambhu Mallik Resident of Village - Lallu Pokhar Argara Road, P.s.- Kasim Bazar, Distt.- Munger. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sonam Deevi, wife of Niraj Mallik, resident of Village - Lallu Pokhar Argara Road, P.s.- Kasim Bazar, Distt.- Munger. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Deep Nishi For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner, learned cousnel for the opposite party no.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kasim Bazar P.S. Case no. 28 of 2019, registered under Section 498 A/34 of the Indian Penal Code.

Petitioner, who happens to be husband of the informant, is said to have tormented her over dowry demand in association of his family members.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. He

Patna High Court CR. MISC. No.26630 of 2019(3) dt.24-07-2019 2/2 has neither made any demand nor tormented the informant over dowry demand and now both the parties have shorted out their differences and are living together happily and comfortably. Hence, he may be enlarged on bail.

On the other hand, opposite party no.2 (informant) also conceded the factum of living of opposite party no.2 with the petitioner happily and comfortably.

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 learned C.J.M., Munger in connection with Kasim Bazar P.S. Case No. 28 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T