Guddu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60908 of 2018 Arising Out of PS. Case No.-1576 Year-2015 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Guddu Kumar Son of Sri Niwash Choudhary, Resident of Village- Rampur, Naresh, P.S.- Kargahar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1. State Of Bihar

2. Poonam Devi, Wife of Guddu Kumar, D/o Sri Jai Ram Singh, Resident of Village- Rampur Naresh, P.O.- Kharari, P.S.- Kargahar, District- Rohtas, at present rental house of Jitendra Chaudhary, Ward No.5, Chaturbhuj Market, Near Hanuman Mandir, Gali No.10 A, Gaurakshni, Sasaram, P.S.- Sasaram Model, District- Rohtas.

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.1576 of 2015 registered under Section 498A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

The petitioner is husband of the complainant. The complainant made allegation of demand of dowry and torture but the learned counsel for the petitioner submits that the complainant does not want to restore marital relation with the petitioner. The petitioner filed a matrimonial suit for restitution of conjugal rights on 18.09.2015. Thereafter the complainant

Patna High Court Cr.Misc. No.60908 of 2018(4) dt.29-01-2019 2/2 filed this complaint case on 25.11.2015. Notice was issued to the complainant but she refused to accept the notice and did not appear in the court.

Having considered the fact that after filing matrimonial suit for restitution of conjugal rights, the complainant filed complaint case against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 S.D.J.M., Sasaram, Rohtas in connection with Complaint Case No.1576 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U