Malendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24376 of 2020 Arising Out of PS. Case No.-1359 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MALENDRA KUMAR, Son of Sri Shivnath Rai Resident of Village- Shital Bhakurahar, Police Station- Sarai, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari, Wife of Malendra Kumar, At present Resident of VillageVishunpur Basant @ Subhai, P.O.- Subhai, Police Station- Hajipur Sadar, District- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party no.2 :

Mr. Sabal Kumar Jha, Advocate.

For the State :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code.

Petitioner is husband of the complainant.

Allegation is of demand of dowry and torture for the same. The parties could not reach at settlement for now, evidently due to ego problem as to whether the petitioner would first go to the house of his wife to bring her or the wife should decide a date and herself come to the house of the

Patna High Court CR. MISC. No.24376 of 2020(10) dt.26-07-2021 2/2 petitioner.

Considering chances of future settlement of dispute, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Trial No. 3424 of 2018 arising out of Complaint Case No. 1359 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T