Chunnu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48966 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -KHAGAUL District- PATNA ======================================================

1. Chunnu Kumar Son of Late Ganauri Prasad, resident of Mohalla Neura Colony, P.s. - Khagaul, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Kumari, d/o Bahuran Lohra, resident of Mohalla - House No. 206, Panna Toli P.S. - Simdega, District - Simdega (Jharkhand). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498A amd 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioner that informant claims to have married with the petitioner, but the petitioner denied the factum of marriage.

Notices were issued to opposite party no. 2 vide order dated 15.10.2015. Fresh Notices were issued vide order dated 25.04.2016. The office note dated 11.07.2015

Patna High Court Cr.Misc. No.48966 of 2015 (5) dt.12-07-2016 reflects that opposite party no. 2 received notice personally but none is appearing on behalf of opposite party no. 2.

Considering the fact that the factum of marriage is in dispute, 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, Danapur, Patna in connection with Khagaul P.S. Case No. 64 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T