Patna High CourtCR. MISC./26531/2015bail granted

Mukesh Kumar v. State Of Bihar And ANR

2015-12-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26531 of 2015 Arising Out of PS.Case No. -284 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mukesh Kumar son of Bijendra Das .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neeru Kumari wife of Mukesh Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. Though vide order dated 03.11.2015, notices were issued to opposite party no.2 but office note dated 02.11.2015 reflects that the ordinary process of notice has been served on the lawyer of opposite party no.2 appearing before the learned court below, but none has entered appearance on behalf of

Patna High Court Cr.Misc. No.26531 of 2015 (4) dt.08-12-2015 2/2 opposite party no.2. The matter was adjourned on 05.11.2015 due non-appearance of opposite party no.2.

Under the circumstances let the notices issued to opposite party no.2 be treated to be deemed validly served. The learned counsel for the petitioner submits that the petitioner disputes the factum of marriage. Since none is appearing on behalf of opposite party no.2 to controvert the stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Barh, Patna in connection with Complaint Case No.284 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T