Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40124 of 2015 Arising Out of PS.Case No. -160 Year- 2015 Thana -BUDDHACOLONY District- PATNA ======================================================
1. Abhishek Kumar Son of Brajendra Kumar resident of B/64, Sai Gali, Budha Colony, P.S. Budha Colony, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. U.S.P.Singh(App) For the Informant : M/s. Usha Rai & R.K. Srivastava, ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.
The petitioner seeks bail in a case under Section 498A, 307 and other sections of the Indian Penal Code and under section 3⁄4 of Dowry Prohibition Act.
The informant is the wife of the petitioner and she made allegation that petitioner due to non-fulfillment of demand of dowry assaulted her with iron rod and stick. Her parents came and with the help of police they took her out from the house. It is submitted that the petitioner is in jail since 12.07.2015. The petitioner did not assault the informant.
Patna High Court Cr.Misc. No.40124 of 2015 (3) dt.04-09-2015 2/2 On the other hand the learned counsel for the informant and the learned APP submitted that there is allegation of assault against the petitioner. The learned counsel for the informant earlier took time for producing the injury report but he failed to produce any injury report.
From the photo copy of the injury report it appears that there was a bruise on palm of right hand and multiple bruises of skin over lateral side of left thigh. The injuries are simple in nature. The police after investigation submitted charge sheet under section 498A of the IPC.
Considering the facts aforesaid and the fact that petitioner has already remained in jail for about two months, the above named petitioner 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 Sri R. K. Bharti, learned Judicial Magistrate, Patna in Budha Colony P.S. Case No. 160 of 2015 (G. R. No. 4557 of 2015). (Prabhat Kumar Jha, J) BKS/- U T