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Patna High CourtCR. MISC./12655/2017bail granted

Rajesh Kumar @ Guddu And ANR v. The State Of Bihar

2017-04-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12655 of 2017 Arising Out of PS.Case No. -6 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Rajesh Kumar @ Guddu , Son of Late Bindeshwari Prasad,

2. Pramila Devi, Wife of Late Bindeshwar Prasad, Both are Resident of Village- Kiranpur, P.S.- Shambhuganj, District- Banka. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Shakti Suman Kumar, Advocate.

For the Opposite Party : Mr. Sanjay Kumar Tiwary 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioners apprehend their arrest in Bhagalpur Mahila P.S. Case No. 06 of 2015 registered for the offences punishable under Sections 498A, 506, 34 and 354 D of the Indian Penal Code and under Sections 3, 4 of the Dowry Prohibition Act. The informant wife of petitioner no. 1 lodged the case against the petitioners and others for demand of dowry and torture. Learned counsel for the petitioners submits that the informant and the petitioner no. 1 Rajesh Kumar @ Guddu solemnized love marriage. The father of the informant filed Complaint Case No. 2357 of 2011 on the basis of which Kotwali (Adampur) P.S. Case No. 91 of 2012 was registered against petitioner no. 1 and others. Smita Kumari Sinha @ Sweety the

Patna High Court Cr.Misc. No.12655 of 2017 (2) dt.04-04-2017 2/2 informant filed Matrimonial Case No. 69 of 2013 for divorce. The Principal Judge, Family Court, Bhagalpur vide judgment and order dated 01.08.2015 dissolved the marriage of the petitioner no. 1 with the informant. The informant, herself, stated in her divorce petition that she was living separately from the petitioner. Considering the facts aforesaid the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bhagalpur in Bhagalpur Mahila P.S. Case No. 06 of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T