Nimesh Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.15907 of 2017 (4) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15907 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MAHILA P.S. District- MUNGER ====================================================== Nimesh Kumar, Son of Late Maheshwar Prasad Yadav, Resident of VillageShankarpur, P.S.- Muffasil, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pushpa Kumari, D/o Jotish Yadav, Resident of Village- Prithavi Chak, P.S. Sangrampur, District- Munger.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 03 of 2017, registered under Section 498A/34 of the Indian Penal Code.

The accusation is of torturing the informant-opposite party no. 2 by her husband and in-laws due to non-fulfillment of demand of dowry and also to remove from her matrimonial house. Learned counsel for the petitioner submits that on the joint prayer of the learned counsel for the petitioner and the informant-opposite party no. 2, the matter was referred to the Mediation Centre, Patna High Court, where the dispute could not

Patna High Court Cr.Misc. No.15907 of 2017 (4) dt.12-09-2017 be settled as the informant-opposite party no. 2 wants to live separate to the family members of the petitioner. Moreover, the informant-opposite party no. 2, wife of the petitioner, has already filed maintenance case.

Learned counsel for the opposite party no. 2 submits that petitioner is not ready to keep his wife-opposite party no. 2 with full dignity and honour.

Having regard to the facts and circumstances of the case, let the above named petitioner e released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the Additional Chief Judicial Magistrate-III, Munger, in connection with Mahila P.S. Case No. 03 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T