Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48724 of 2019 Arising Out of PS. Case No.-406 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== DHANANJAY KUMAR Son of Sri Shivji Misri Resident of Village -Narari, P.S.- Tharthari, Distt - Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Chandani Kumari Wife of Dhananjay Kumar, D/o of Late Ram Vriksha Mistri Resident of Village - Pachauri, P.S.- Deepnagar, Distt - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Deepnagar P.S. Case No. 406 of 2017 registered for the offences punishable under Sections 341, 323, 498A/34 of the Indian Penal Code and Sections 3/ 4 of Dowry Prohibition Act. As per FIR there is allegation against the petitioner, who happens to be husband of informant, that he demanded motorcycle and colour TV and for that he tortured the informant and ousted her from the house.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care and that stand he has already taken before the learned Sessions Judge also.

Heard learned APP. No one appears on behalf of opposite

Patna High Court CR. MISC. No.48724 of 2019(4) dt.16-11-2019 2/2 party No.2 in spite of valid service of notice. It further appears from the impugned order that earlier in anticipatory bail application petitioner was directed to keep opposite party No.2 with him with dignity and care and he has not complied the said direction. On the other hand, learned counsel for the petitioner has submitted that he had gone to take her but she did not come with him.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No. 406 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that if opposite party No.2 is ready to reside with the petitioner, he has to keep her with dignity and care. (Vinod Kumar Sinha, J) spal/- U T