Ashwani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21904 of 2019 Arising Out of PS. Case No.-1007 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Ashwani Kumar Son of Sikandar Prasad Sah, Resident of Village Sugma, P.S.- Salkhua (O.P. Banna Itarhi), District- Saharsa. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Puja Devi, Wife of Ashwani Kumari, D/o Sikendra Sah, Resident of VillageSugma, P.S.- Salkhua (O.P. Banna Itarhi), District- Saharsa at Present Village- Madar, P.S.- Morkahi, District- Khagaria. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :Mr. Sada Nand Roy, Advocate For the State : Mr.Upendra Kuma, Addl Public Prosecutor For the opp.party : Mr. Jai Kishore Poddar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Petitioner is husband of opposite party no.2 and there is allegation of demand of dowry and committing torture thereof.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner earlier filed Matrimonial suit no. 25 of 2015 and after receiving notice of that case the complainant has filed the instant false case.

Patna High Court CR. MISC. No.21904 of 2019(5) dt.08-07-2019 2/2 Considering the fact that the matrimonial case is pending between the parties, let the petitioner, above named, in the event of arrest/surrender before the learned court below it within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Khagaria in Complaint case no. 1007 C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T