Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43369 of 2019 Arising Out of PS. Case No.-530 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== GUDDU KUMAR Son of Balmiki Prasad Resident of Village, P.O. and P.S.- Ghoshi, Dist.- Jahanabad.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Priyanka Kumari W/o Guddu Kumar , D/o Yogendra Prasad. Resident of Village - and P.S.- Ghoshi, Dist.- Jahanabad, D/o Yogendra Prasad, At Present residing at Village - Manpur Surhi Tola, P.O.- Buniyadganj, P.S.- Mofassil, Dist.- Gaya.

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Complaint Case No. 530 of 2018 (Trial No. 3319 of 2018), instituted for the offence under Section(s) 498(A) of Indian Penal Code and Section 4 of Dowry Prohibition Act.

Earlier petitioner was granted provisional anticipatory bail on 3.5.2019 by the court below in A.B.P. No. 1164 of 2019 but bail bonds of the petitioner was cancelled because petitioner and complainant (wife) was not willing to live together.

Patna High Court CR. MISC. No.43369 of 2019(2) dt.18-07-2019 2/2 Counsel for the petitioner submits that petitioner wants to keep his wife (complainant) with him. He has also filed case for restitution of conjugal rights which is still pending, but the complainant does not want to live with him. He further submits that in the complaint petition there is general and omnibus allegation of demand of dowry against the petitioner. Petitioner is in custody since 21.5.2019 having clean antecedent.

Counsel for the informant has appeared and opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released 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, Gaya, in connection with Complaint Case No. 530 of 2018 (Trial No. 3319 of 2018), subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T