Animesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63816 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Animesh Kumar Son of Sadhu Sharan Singh, Resident of Village- Rajapur Mainpura Bhavan Toli, P.S. Patliputra, District- Patna. ... ... Petitioner

Versus

1.

The State Of Bihar, 2.

Dilip Kumar, Son of Late Surendra Pandey, Resident of Village- Partap Tarh, P.S.- Bhagwanpur, District- Vaishali.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case no. 70 of 2018, registered under Sections 498A, 504, 506, 379/34 of the Indian Penal Code and Section 3 / 4 of Dowry Prohibition Act.

The accusation is that the marriage of sister of the informant was performed with this petitioner on 20.05.2013 and before performing the marriage, cash of Rs. 12 Lakhs and ornament worth of Rs. 2 lakhs and other household articles were also provided, but at the time of Bidai demand of Scorpio vehicle was made, but, anyhow, the matter was pacified and his

Patna High Court CR. MISC. No.63816 of 2018(3) dt.23-04-2019 2/3 sister was sent in Bidai, but thereafter, she was tortured through different modes and, ultimately, on 26.05.2013, sister of the informant was taken in Bidai in her parental house. On arrangement of Panchayati, the petitioner took the sister of the informant on 10.12.2014, but she was, again, tortured for nonfulfillment of demand of dowry giving threatening that if the demand will not fulfill the husband of sister of the informant will perform remarriage. Thereafter, the petitioner, husband of the sister of the informant settled his remarriage and the date for remarriage was fixed on 05.05.2018.

Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the sister of the informant, but due to leading adultery life by the sister of the informant, petitioner filed Divorce Case No. 226 of 2017 in the Court of Principal Judge, Family Court, Patna and in retaliation the informant filed this case on 29.04.2018 after more than a year.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.63816 of 2018(3) dt.23-04-2019 3/3 amount each to the satisfaction of the A.C.J.M.-III, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 70 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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