Kamlesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 21779 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Sah Son of Dhanraj Sah Resident of Village- Tapasi Parsauna Nawka tola, P.S. - Palnawa, District- East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-07-2017 The sole petitioner has approached this Court for grant of privilege of anticipatory bail in Palanwa P.S. Case No. 71 of 2016 registered for offence under Sections 341, 323, 307, 504, 506, 498(A) of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961.
The petitioner is husband of the informant. It has been disclosed that marriage of petitioner with informant was solemnized in the year 2011. However, it has been alleged that on 13-11-2016, the informant and her parents were assaulted by the accused persons. It has also been alleged that due to nonfulfillment of demand of dowry, she was assaulted and ousted from her in-laws' house.
However, on going through Annexure - 2 to the
Patna High Court Cr.Misc. No.21779 of 2017 (2) dt.01-07-2017 2/2 petition, it is evident that husband has filed a divorce case, vide Divorce Case No. 77 of 2016, which was filed on 08-03-2016, however; in the present case, F.I.R. was lodged on 16-11-2016. Sri Shailendra Kumar Singh, learned Addl. Public Prosecutor has opposed the prayer for bail.
However, considering the fact that husband has already filed a case for divorce and present case was filed belatedly, there is no reason to refuse the prayer for grant of anticipatory bail.
Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Kamlesh Sah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Palanwa P.S. Case No. 71 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rakesh Kumar, J.) Anay U T