Lawkush Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61165 of 2018 Arising Out of PS. Case No.-1974 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Lawkush Kumar, S/o Amiri Sahani, R/o Biguiya P.S. Sugauli, District East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbu Devi, W/o Lawkush Kumar, D/o Chandan Kumar, Resident of Village- Mali Dumari, P.S. Sugauli, District East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No.2, Advocate For the Opposite Party/s :

Mr. Sri Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C-1974 of 2017, disclosing offences under Sections 498A, 379 of IPC and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of demand of motorcycle and cash of Rs.50,000/- and for non-fulfillment of the same, torture and assaulted her.

Submission of the learned counsel for the petitioner is that petitioner has already filed a divorce case, as the marriage has forcibly been solemnized with the opposite party no.2. Further, petitioner has knowledge that she had married with some other person, as such, she has not appeared in the mediation and due to which, mediation also failed.

Patna High Court CR. MISC. No.61165 of 2018(5) dt.12-09-2019 2/2 Heard learned A.P.P. also.

It further appears from the record that the opposite party no.2 has also appeared and thereafter, matter was referred to the mediation center, but mediation failed. Today nobody appears on behalf of the opposite party no.2 also.

In such view of the matter, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Complaint Case No. C-1974 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T