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Patna High CourtCR. MISC./23161/2019disposed

Abhishek Ranjan v. The State Of Bihar

2019-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23161 of 2019 Arising Out of PS. Case No.-397 Year-2017 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== ABHISHEK RANJAN, Son of Ashok Kumar Sharma, Resident of VillageAsoi, P.S.-Bhagwanpur, District-Vaishali, at present Residing at Flat No.107, Santosh Mansion, Near RPS School, Raghunathpur Chowk, P.S.-Danapur, District-Patna.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Sapna Kumari, Daughter of Sanjit Kumar, Resident of Village-Khetalpura, P.S.-Sarey, District-Nalanda.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 397(C) of 2017 lodged for the offences punishable under Sections 323, 341, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioner is of subjecting his wife, opposite party No.2, to cruelty with respect to demand of Rs.2 lacs. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and as a matter of fact both the parties are residing separately, which will appear from the order dated 6.2.2019, which is annexed to the petition and opposite party No.2 has filed a maintenance case before the Family Court, Sekhpura and petitioner is ready to appear in the maintenance case on the date

Patna High Court CR. MISC. No.23161 of 2019(4) dt.21-06-2019 2/2 fixed as 25.6.2019 and co-operate in the disposal of the case and abide by any order passed by the Family Court. Heard learned APP and learned counsel for opposite party No.2, who has submitted that as a matter of fact the petitioner is not ready to reconcile the matter, which will appear from the order dated 27.2.2019 and he is not paying any expenses to opposite party No.2.

In view of above facts and circumstances, let petitioner appear in the Maintenance Case No.13M of 2019 before the Family Court, Sekhpura and on filing of appearance certificate before the court below, he shall be released on bail by the court below itself to its own satisfaction on the condition that he has to co-operate in disposal of the maintenance case and appear as and when required and further abide by any order passed by the Family Court, either interim or final, failing which the opposite party shall be at liberty to move for cancellation of bail bonds of the petitioner. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T