Prince Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72899 of 2018 Arising Out of PS. Case No.-2434 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Prince Kumar, S/o Surendra Prasad Barnwal Resident of Ward No. 14, Rajiv Nagar, P.O.P.S.Distt. Gopalganj.

... ... Petitioner

Versus

1. The State of Bihar

2. Kumari Shilp Gupta, W/o Prince Kumar and D/o Birendra Kumar Gupta VillKamlua, P.S. Malahi, District- East Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Upadhyay For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 Petitioner apprehends his arrest in connection with Complaint Case No. 2434 of 2017, corresponding to Trial No. 2168 of 2018, in which cognizance has been taken under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to torture and cruelty due to demand of dowry and further it appears that petitioner has married with another lady.

Submission of learned counsel for the petitioner is that he is still ready to keep her and further in maintenance case Rs.4000/- was granted to the wife and litigation cost has also been granted. Heard learned APP and learned counsel for the complainant also.

Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on

Patna High Court Cr.Misc. No.72899 of 2018(4) dt.25-01-2019 2/2 bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sadar at Motihari, in connection with Complaint Case No. 2434 of 2017, corresponding to Trial No. 2168 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in trial, otherwise his bail bond shall be cancelled and further condition is that petitioner will continue to pay the maintenance amount as decided by the court below, otherwise complainant is at liberty to move for cancellation of bail before the court below itself.

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