Arvind Kumar @ Arvind Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33679 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Arvind Kumar @ Arvind Kumar Sharma Son of Suresh Singh, Resident of Village - Alipur, P.S. - Dulhin Bazar, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chumchum Kumari Wife of Arvind Kumar, Resident of Village - Alipur, P.S. - Paras Bigha, District - Jehanabaad.

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

For the Petitioner/s :

Mr.Arvind Kumar Sharma For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.58 of 2018 for the offences allegedly committed by the petitioner under Sections 323, 498(A) and 494 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. The complainant disclosed that she was married with petitioner on 16.07.2010 but thereafter her husband and other in-laws subjected her to mental and physical torture due to nonfulfillment of additional demand of Rs.2 lacs. Learned counsel for the petitioner submits that the petitioner has never solemnized any second marriage. The petitioner made all efforts to restore conjugal rights but the

Patna High Court CR. MISC. No.33679 of 2019(2) dt.22-05-2019 2/2 complainant did not come to live in the house of petitioner. The petitioner filed Matrimonial Case No.785 (M) of 2016 for dissolution of marriage on the ground of desertion and cruelty and only after about two years, the complainant filed the complaint case.

Having considered the facts that much prior to the filing of the complaint case, the petitioner filed matrimonial case seeking dissolution of marriage, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Judicial Magistrate, Jehanabad in connection with Complaint Case No.58 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T