Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9265 of 2017 Arising Out of PS.Case No. -228 Year- 2013 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Praveen Kumar, son of Om Prakash Narayan Singh, resident of MohallaBudhwa Mahadeo Asthan Hilsa, Police Station- Hilsa, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2017 Heard learned counsels for the petitioner and the State.
The petitioner, who is in custody, seeks bail in connection with Hilsa P.S.Case No. 228 of 2013 registered under Sections 341, 323, 498A/34 and 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Allegation in brief is that the petitioner, being the husband of the informant, used to torture her for realizing further demands of dowry. It is also alleged that this petitioner has married with another lady.
Submission is that marriage of the informant was solemnized with the petitioner in the year 2007 and he was unemployed but she wanted to separately from his parents but the petitioner did not agree so the informant deserted the petitioner
Patna High Court Cr.Misc. No.9265 of 2017 (2) dt.23-02-2017 2/2 and on that ground he filed a divorce suit bearing Divorce Case No. 81 of 2012 and in the said divorce suit, the informant appeared but thereafter left contesting the case and the same was decreed in favour of the petitioner but after institution of the divorce case, this case under Section 498A of the IPC has been filed. It is submitted that out of their wedlock, two children were borne and the petitioner is ready to keep his wife and the petitioner was earlier granted provisional bail by this Hon'ble Court by order dated 06.08.2013 in Cr. Misc. No. 31680 of 2013, but in spite of making every sincere effort to restore their conjugal life, it failed and he is in custody since 05.01.2017.
Having considered the aforesaid facts and circumstances, the petitioner, namely, Praveen Kumar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 228 of 2013. (Arun Kumar, J) Sujit/- U