Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5699 of 2015 Arising Out of PS.Case No. -201 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Jitendra Kumar Son of Rajender Yadav, Resident of Village - Singhia, P.S. - Naya Ram Nagar, District - Munger.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Sinha, Adv. For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 498 (A), 323, 307, 504, 506/34 of IPC and 3⁄4 of D. P. Act.

Allegation against the petitioner is to have demanded dowry and due to non-fulfilment of demand of dowry, the informant has been tortured.

It is submitted that the petitioner is the husband of the informant and there is no allegation of assault against him. He is a Naval employee posted at Portblare (Andman Nikobar) and he had come to attend the Court of Principle Judge, Family Court to defend his case in Maintenance Case No. 166M of 2014 under

Patna High Court Cr.Misc. No.5699 of 2015 (2) dt.11-02-2015 2/3 Section 125 Cr.P.C.

It is further submitted that the father of the petitioner has lodged Sanaha against the informant and her brother-in-law who were living in doubtful circumstances. On 9.6.2014, the father of the petitioner filed a complaint case against the informant and the brother-in-law. But the informant did not mend her ways thereafter the petitioner filed Matrimonial Case for divorce on the ground of adultery and cruelty against the informant on 18.7.2014 and thereafter the present case has been lodged by the informant on 4.8.2014. The petitioner was arrested on 9.1.2015 from the court premises, Begusarai, whereas, the present case was lodged at Sahebpur which is not within the jurisdiction of Begusarai (Town). The petitioner has no criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/ court concerned in Sahebpur Kamal (S. Kamal) P. S. Case No.

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the

Patna High Court Cr.Misc. No.5699 of 2015 (2) dt.11-02-2015 3/3 petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T