Patna High CourtCR. MISC./51105/2016allowed

Kaushalendra Kumar @ Kaushlendra Kumar v. State Of Bihar And ANR

2017-01-09Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51105 of 2016 Arising Out of PS.Case No. -1490 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Kaushalendra Kumar @ Kaushlendra Kumar LSon of Sri Suresh Prasad, Resident of Village-Karara, P.S. Ghoswari District- Patna, at presentAssistant professro, Kasturba Medical College, Manglore, Karnataka. .... .... Petitioner/s

Versus

1. State of Bihar & Anr

2. Anchala Kumari, Daughter of Sri shyam Sundar prasad Sinha, R/O Mohalla-Patel Nagar, Nayoo Sarai, P.S. Bihar, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned counsel for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 1490C of 2013 registered under Sections498A and other allied sections of the Indian Penal Code. The allegation against the petitioner is of torture and assault due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that complainant was never desirous of living with the petitioner. It is further submitted that petitioner filed Matrimonial Case No.

Patna High Court Cr.Misc. No.51105 of 2016 (3) dt.09-01-2017 2/2 157 of 2011 for divorce in which complainant did not appear and as such decree of divorce has been passed in the said case. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 1490 C of 2013 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T