Anuj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46600 of 2015 Arising Out of PS.Case No. -275 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Anuj Kumar, S/o Ganauri Prasad @ Ganauri Mahto, resident of villageDihuri, P.S.-Atri, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. Supriya Kumari, W/o Anuj Kumar, D/o Vijay Prasad, resident of village- Adalpur, P.S.- Barachatty, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-05-2016 A joint petition has been filed on behalf of petitioner and opposite party no. 2.
Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the daughter of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basis accusation is of torture for nonfulfillment of dowry demand and making assault. It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the daughter of the informant, but this is the third case with accusation under Section 498A of the Indian Penal Code.
Patna High Court Cr.Misc. No.46600 of 2015 (5) dt.16-05-2016 The issue has been resolved between the parties on payment of permanent alimony of Rs. 3,00,000/- in two installments to be paid through bank draft on 06.06.2016 and 05.07.2016. On the basis of that both parties will withdraw the cases lodged against each other and will file an application under Section 13B of the Hindu Marriage Act for dissolution of marriage with mutual consent. Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Shrghati, Gaya in connection with Barachatti P.S. Case No. 275 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) P.K./- U T