Ganpati Kumar @ Babloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31711 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Ganpati Kumar @ Babloo, Son of Shankar Prasad Gupta, Resident of R.P.S. More, Gali No.2, Baily Road, Police Station- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manisha Kumari, W/o Ganpati Kumar @ Babloo, and D/o Sukhdeo Prasad, Resident of Village- Phulwaria-03, Ward No.4, Police Station- Phulwaria, District- Begusarai.

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

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2019 This is an application for grant of anticipatory bail in connection with Phulwaria P.S. Case No. 159 of 2018, disclosing offences under Section 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner who happens to be the husband of the informant is of subjecting to torture her for demand of Rs.5,00,000/-.

Submission of the learned counsel for the petitioner is that as a matter of fact, the informant is having illicit relationship with someone and for that, she has lodged the present false and concocted case against the petitioner. Further submission is that he is also paying the maintenance of

Patna High Court CR. MISC. No.31711 of 2019(3) dt.24-07-2019 2/2 Rs.3000/- per month to the informant as per the direction of the Family Court, Begusarai in Maintenance Case No. 05 of 2019. Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have opposed the prayer for anticipatory bail.

Having heard both sides, considering the above submissions, let the petitioner, above named, surrender before the court below on 13.08.2019 and on production of document to show that he is paying maintenance to the opposite party no.2-wife, he shall 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 Judicial Magistrate 1st Class, Begusarai, in connection with Phulwaria P.S. Case No. 159 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T