Birendra Kumar @ Birendra Kumar Poddar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42671 of 2015 Arising Out of PS.Case No. -1756 Year- 2010 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Birendra Kumar @ Birendra Kumar Poddar Son of Jaideo Poddar @ Ramdeo Resident of Village - Bhawanipur Naya Tola, P.S. - Nawgachhiya, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kumari Sunita, D/o Bishunudeo Poddar, resident of village - Simri, P.S. Bakhtiyarpur, District - Saharsa.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and section 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

Notices were issued to the complainant O.P. No. 2 vide order dated 9.9.2015. The office note dated 4.11.2015 reflects that the notice was received by the O.P. No. 2 but none appears on her behalf.

Patna High Court Cr.Misc. No.42671 of 2015 (3) dt.06-11-2015 2/2 It is submitted by the learned counsel for the petitioner that the petitioner was kidnapped and forced to marry with the complainant when Complaint Case No. 852 of 2010 was lodged leveling accusation under sections 342,346,357,365,417 and 504/34 IPC on 29.9.2010 which came to be registered as Gopalpur P.S. Case No. 289 of 2010 on 2.12.2010 whereas the present complaint was filed on 29.10.2010.

Considering the case lodged by the petitioner at earlier point of time, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Complaint Case No. 1756C of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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