Mritunjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34540 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Mritunjay Kumar, Son of Tej Narayan Kumar, Resident of Village Mohanpur, ward No. 1 , P.O. Barahi, Hasanpur, P.S and District Madhepura .... Petitioner

Versus

1. The State of Bihar

2. Nishu Kumari, D/o Chandan Yadav @ Chandra Kumar, At Present Resident of Manhara ward No. 10, P.O. Sukhasan, P.S. and district Madhepura .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar Singh, Adv. For the Opposite Parties : Mr. Sri Anand Kishore Choudhary, APP 201 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail. The petitioner, being the husband of the complainant, apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

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

The learned counsel for the petitioner submits that the petitioner was abducted and, thereafter, he was forced to marry with the complainant and against the abduction of the petitioner Madhepura P.S. Case No. 325 of 2012 with accusation under Sections 365, 504 and 506 of the Indian Penal Code was lodged by the petitioner wherein the family members of the complainant have been charge sheeted and, accordingly, cognizance has also been taken vide order, dated 20.04.2013,under Sections 365, 368, 465, 323, 504 and 506/34 of the Indian Penal Code by the Chief

Patna High Court Cr.Misc. No.34540 of 2016 (2) dt.16-08-2016 Judicial Magistrate, Madhepura.

Keeping in view the nature of the accusation and the complaint case being filed after the filing of abduction case (Madhepura P.S. Case No. 325 of 2012) against the family members of the complainant, let the petitioner, above named, be released on anticipatory bail in the event or arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 298 of 2015 to the satisfaction of the Subdivisional Judicial Magistrate, Madhepura. (Dinesh Kumar Singh, J) SA/- U √ T √