Shambhu Lal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1269 of 2019 Arising Out of PS. Case No.-3258 Year-2013 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Shambhu Lal, son of Late Brahmdeo Lal, r/o Village - Mirjapur, P.S. Rosera, District Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Kumari @ Puja Kumari, D/o Shiv Shankar Prasad Barnawal R/o Village - Alipur, Sumeraganj, P.o. - Salempur Dumaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Aggarwal, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 3258 of 2013, Trial No. 1281 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Prosecution story as per the complaint petition is that the complainant was subjected to cruelty with respect to demand of one motorcycle and thereafter, after assaulting and snatching her ornaments and articles, she was ousted from the house. Submission of the learned counsel for the petitioner is that the whole allegations are false and concocted and petitioner has filed a suit for restitution of conjugal rights, which has also decided ex-parte, as the opposite party no.2 did not appear, which is annexure-2 to this petition. The petitioner is still ready

Patna High Court CR. MISC. No.1269 of 2019(8) dt.04-07-2019 2/2 to keep her with full dignity and care Heard learned A.P.P. also.

In this case, earlier notice was issued to the opposite party no.2 and it appears that mother of the opposite party no.2 has received the said notice, for which, a supplementary affidavit has been filed by the petitioner that mother of the opposite party no.2 and the opposite party no.2 are residing together and there is jointness between them. In such view of the matter, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 Sub Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 3258 of 2013, Trial No. 1281 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition to cooperate in disposal of trial and appear as and when required by learned Trial Court.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T