Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29769 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== Pradeep Kumar, Son of Late Laxmi Sao, Resident of Village - Mafi, P.S.- Asthawan, Dist.- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sarswati Kumar, W/o Pradeep Kumar, R/o Village - Mafi, P.S.- Asthawan, Dist.- Nalanda, at present d/o Yogendra Prasad, Mohalla Before Boholic Mosszd, PS Bihar, District Nalanda.

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 122 of 2018, disclosing offences under Sections 341, 323, 504, 506, 498A, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act.

Case is under Section 498A of IPC with an allegation of demand of Rs.50,000/- as an additional dowry, due to nonfulfillment of said demand, subjected to cruelty to the opposite party no.2.

Submission of the learned counsel for the petitioner is that the whole allegations are false and concocted and only intention of the opposite party no.2 is to reside at Bihar Sharif and not to his village at Ashthawan. It has also been submitted that petitioner is residing at Bihar Sharif and she is also residing

Patna High Court CR. MISC. No.29769 of 2019(3) dt.18-07-2019 2/2 at Bihar Sharif.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that opposite party no.2 wants the petitioner to keep her where he resides usually. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Mahila P.S. Case No. 122 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he is to keep her with dignity and care and keep her where he is residing either at Bihar Sharif or at Ashthawan.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T