Patna High CourtCR. MISC./54200/2016allowed

Rajesh Kumar v. State Of Bihar And ANR

2017-01-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54200 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Rajesh Kumar, Son of Birendra Mistri, resident of Village- Ratan Bigha, Police Station- Ghoshi, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jyoti Devi, daughter of Umesh Mistri, resident of Village- Khidar Sarai, Mohalla- Dhurwapur, P.O. and P.S.- Khidar Sarai, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 107 of 2016 registered under Sections498A of the Indian Penal Code. The allegation against the petitioner is of torture and assault due to non-fulfillment of demand of dowry and also of ousting the complainant out of her matrimonial home. Learned counsel for the petitioner submits that petitioner earlier filed Informatory Petition No. 99 of 2015 disclosing the full facts about the character and behaviour of the complainant. It is further submitted that petitioner has also filed

Patna High Court Cr.Misc. No.54200 of 2016 (3) dt.10-01-2017 2/2 Matrimonial Case No. 129 of 2015 for divorce, and in retaliation of the same, the present complaint has been filed by the complainant.

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 Sub-Divisional Judicial Magistrate, Jahanabad in connection with Complaint Case No. 107 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T