Nakul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32656 of 2019 Arising Out of PS. Case No.-4236 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NAKUL KUMAR, Son of Late Rameshwar Prasad Rai Resident of Mohalla - Shivpuri (Near Rajdhani Gas Godown), P.S.- Shastrinagar, District - Patna. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Kumari, wife of Nakul Kumar Daughter of Sri Uday Kumar Singh, Resident of Village - Akhtiarpur, P.S.- Paliganj, District - Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidyanath Prasad For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 4236(C) of 2018 registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife, opposite party No.2 to cruelty with respect to demand of Rs.10 lac.

Submission of learned counsel for the petitioner is that as a matter of fact mother of the petitioner has lodged a complaint case against the complainant that she was assaulted by the complainant and later on a divorce case has also been

Patna High Court CR. MISC. No.32656 of 2019(3) dt.29-07-2019 2/3 filed by the petitioner, as such this false and concocted case has been filed. It is further submitted that petitioner is a student. Heard learned APP and perused the records, from which it appears that notice was issued to opposite party No.2 and opposite party No.2 has appeared by filing Vakalatnama but today none appears on her behalf.

In view of above facts and circumstances, this application is disposed of with direction to petitioner to surrender by 8.8.2019 on the condition that he will pay Rs.2000/- per month to the complainant opposite party No.2 till the matter is finally adjudicated by a court of competent jurisdiction or for a period of one year and on surrender 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 each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Complaint Case No. 4236(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that on failure to make payment continuously for three months, opposite party No.2 is at liberty

Patna High Court CR. MISC. No.32656 of 2019(3) dt.29-07-2019 3/3 to move for cancellation of his bail bonds.

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