Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38635 of 2016 (3) dt.14-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38635 of 2016 Arising Out of PS.Case No. -7 Year- 2013 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Chandan Kumar son of Sri Ram Shankar Singh Resident of Village- Jarang Rampur, P.S.- Vaishali (Belsar O.P.), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate. For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner being the husband of the informant is languishing in custody since 2.8.2016 in a case registered for the offences punishable under Sections 498A and 120B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner was granted provisional anticipatory bail vide order dated 11.11.2013 by this Court passed in Cr. Misc. No. 22493 of 2013, on assurance that he will keep the informant as wife with full dignity and honour. The provisional anticipatory bail was to

Patna High Court Cr.Misc. No.38635 of 2016 (3) dt.14-09-2016 be confirmed by the learned court below on substantial restoration of matrimonial harmony within a period of one year or if the informant fails to appear subsequently before the learned court below or if the informant gets reluctant to reconcile the issue. Counsel for the informant submits that the petitioner was granted provisional anticipatory bail on assurance that he will keep the informant with full dignity and honour but he failed to do so and has performed second marriage.

Considering the nature of accusation and there is no likelihood of issue being reconciled, let the petitioner 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P) P.S. Case No. 7 of 2013. (Dinesh Kumar Singh, J) Prakash/- U T