Kamal Kumar @ Kamal Thakur @ Kamal Kumar Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36463 of 2015 Arising Out of Complaint Case No. -944 Year- 2014 Thana -BUXAR COMPLAINT CASE District- BUXAR ====================================================== Kamal Kumar @ Kamal Thakur @ Kamal Kumar Thakur, S/o Late Bhikhari Thakur .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mina Devi W/o Kamal Kumar @ Kamal Thakur @ Kamal Kumar Thakur and D/o Late Kedar Thakur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey, Advocate For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a case registered for the offences punishable under Sections 498A and 494 of the Indian Penal Code.
The basic accusation is of torture after about 13 years of marriage.
It is submitted by learned counsel for the petitioner that the petitioner initially filed Matrimonial Case No. 207 of 2013 for restitution of conjugal rights but, subsequently, the complainant claimed 50% of his salary as petitioner is armed forces personnel. Thereafter, the petitioner has filed Matrimonial Case No. 99 of
Patna High Court Cr.Misc. No.36463 of 2015 (2) dt.27-08-2015 2/2 2014 for divorce and 50% salary of the petitioner is being paid to the complainant even today.
Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Complaint Case No.944 C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T