Gajendra Kumar @ Gajanand Sharma @ Gajendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20172 of 2019 Arising Out of PS. Case No.-18 Year-2018 Thana- KATIHAR COMPLAINT CASE DistrictKatihar ====================================================== Gajendra Kumar @ Gajanand Sharma @ Gajendra Sharma Son of Dharmlal Sharma, Resident of Kursanda, P.S-Pranpur, District-Katihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Chandani Devi W/o Gajanand Kumar @ Gajanand Sharma, D/o Vidyanand Das @ Budhu Das, Resident of Kursanda, P.S-Pranpur, District-Katihar. At present R/O- Through Vidyanand Das @ Budhu Das, Resident of Sakraili, P.S-Dandkhora, District-Katihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2019 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No.18 of 2018 registered under Sections 498A and 34 of the Indian Penal Code and under Section 4 of the D.P. Act. The complainant is wife of the petitioner. The complainant made allegation of demand of dowry and torture against the petitioner but the learned counsel for the petitioner submits that prior to institution of the present complaint petition, the petitioner filed Matrimonial Case No.598 of 2017 under Section 13 of the Hindu Marriage Act but when the complainant came to know about the institution of divorce case, the
Patna High Court CR. MISC. No.20172 of 2019(2) dt.02-04-2019 2/2 complainant filed the present case.
Having considered the facts that much prior to the institution of complaint case the petitioner filed matrimonial case for seeking divorce, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 S.D.J.M., Katihar in connection with Complaint Case No.18 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T