Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20933 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Pappu Kumar, S/o Sarvanand Prasad, R/o- Village- Reganiyabag, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Pushpa Kumari, wife of Pappu Kumar, Father's Name- Hardeo Prasad, Resident of Village- Sargha Chhapra, P.S.- Rani- Talav (Kanpa), DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.301 of 2018, disclosing offence under Section 498A of the Indian Penal Code. Allegation against the petitioner is of subjecting his wife, opposite party no.2 to torture with respect to demand of dowry.

Submission of the learned counsel for the petitioner is that the present case has been filed after the petitioner was granted anticipatory bail by a Co-ordinate Bench of this Court in an earlier case filed under Section 498A of the Indian Penal Code and it shows that the opposite party no.2 is bent upon to see him in the custody and the petitioner is ready to abide by any of the conditions imposed upon him.

Patna High Court CR. MISC. No.20933 of 2019(3) dt.19-06-2019 2/3 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for anticipatory bail on the ground that petitioner is not cooperating with the other cases pending against him. He further submitted that a maintenance case being Maintenance Case No.208 of 2018 is filed before the Family Court, Patna and the next date is fixed for 02.07.2019, however the petitioner is not appearing in that case and also not appearing in the divorce case being Divorce Case No. 252 of 2019 pending before the Family Court filed by him in which next date is fixed on 27.07.2019. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner appear before the Family Court in Maintenance Case No.

208 of 2018, in which he will appear before the learned court below by 04.07.2019 along with a certificate showing the appearance in the maintenance case, on which the petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-V, Danapur, District Patna, in connection with Complaint Case No.301 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.20933 of 2019(3) dt.19-06-2019 3/3 This is further subject to condition that he will cooperate in disposal of the maintenance case as well as the divorce case and appear as and when required by the family court, otherwise the opposite party no.1 is at liberty to move for cancellation of the bail bonds of the petitioner. (Vinod Kumar Sinha, J) Sunil Shukla/- U T