Aman Kumar Maurya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27517 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -MAHILA PS District- AURANGABAD ====================================================== Aman Kumar Maurya, Son of Prem Kumar Maurya, Resident of Village + P.O. + P.S. Tandawa, District Aurangabad.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Sinha, Advocate.

For the Opposite Party : Mr. Ram Priya Saran Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioner seeks bail in Mahila P.S. Case No. 14 of 2017 registered for the offences punishable under Sections 498A, 307 and 379 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The informant alleged that her marriage was solemnized with the petitioner on 27.04.2015 but at the time of marriage, itself, her husband told that he put the vermillion only after receiving the Alto car and on assurance he performed the customs. Her husband used to torture her. She further alleged that she went to her Sasural but, her husband tried to strangulate her when she raised alarm she was driven out from her house. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.27517 of 2017 (3) dt.10-07-2017 2/2 petitioner never demanded any dowry. The petitioner filed the divorce case only thereafter, his wife filed this case under Section 498A of the Indian Penal Code. No injury was found on the neck of his wife.

On the other hand learned counsel for the informant as well as learned APP vehemently opposed the prayer for bail and submitted that the petitioner does not want to keep his wife. It appears that petitioner being the husband alleged to have assaulted his wife but it is admitted that petitioner earlier filed divorce case thereafter, his wife filed the present case under Sections 307, 498A and other Sections of the Indian Penal Code but no injury was found on the body of the informant. The petitioner is in jail since 24.08.2017. The petitioner has already remained in jail for about 21⁄2 months.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Mahila P.S. Case No. 14 of 2017. (Prabhat Kumar Jha, J.) KKSINHA/- U T