Dasharath Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2345 of 2017 Arising Out of PS.Case No. -30 Year- 2015 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Dasharath Kumar, son of Late Sahadev Bhagat, resident of village-Mor Purvi Panchayat, P.S. Mokama, District-Patna. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Rekha Devi, wife of Dasharath Kumar, daughter of Surendra Prasad Chaurasiya, resident of Mor, P.S. Mokama, District-Patna, presently village+P.S.-Chakmaskan (Surygarha), District-Lakhisarai. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Arjun Prasad, Advocate. For the State : Mr. Ajay Kumar-I, A.P.P. For the Complainant-O.P. No.2 : M/s. Pankaj Kumar Singh and Mirnal Shankar, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 03-02-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel for the complainant/Opposite Party No.2.

The petitioner seeks bail in connection with Complaint Case No.30C of 2015 registered under Section 498-A of the Indian Penal Code.

The accusation is of torturing the complainant/opposite party no.2 and also neglecting her and her three children by her husband (petitioner).

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the

Patna High Court Cr.Misc. No.2345 of 2017 (2) dt.03-02-2017 2/2 complainant/opposite party no.2 and the petitioner is still ready to keep his wife (complainant/opposite party no.2) with full honour and dignity but the complainant/opposite party no.2 is not ready to live with the petitioner, which has also come in the impugned order dated 03.11.2016 passed by the Additional Sessions Judge-I, Barh, Patna, in Bail Petition No.304 of 2016, whereby the prayer of the petitioner for grant of bail has been rejected. The petitioner is in custody since 21.05.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Thakur, Sub Judge-II-cum-Additional Chief Judicial Magistrate, Barh, Patna, in connection with Complaint Case No.30C of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T