Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55674 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -MAHILA PS District- AURANGABAD ====================================================== Amit Kumar, Son of Sri Ram Sao, R/o Mohl- Lalbandh Toli, Ward No- 8, P.S.- Daud Nagar, Distt.- Aurangabad. .... .... Petitioner
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Kritya Nand Jha, Advocate For the Opposite Party : Mr. Sri Ajay Kumar-1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner, learned counsel for the informant and also learned counsel representing the State.
The petitioner seeks bail in connection with Aurangabad Mahila P.S Case No. 21 of 2016 registered for the offences punishable under Sections 498A, 323, 494/34 of the Indian Penal Code and Section 3/4 D.P. Act . Allegedly, the petitioner being the husband of the informant due to non-fulfillment of demand of Rs. 2,00000/- (two lacs) by way of dowry assaulted the informant and ousted from the in-law house and further the petitioner has solemnized another marriage.
Submission is of false implication and that the petitioner is always ready to keep the informant as his wife with full respect and dignity, but she does not want to live with the petitioner. The petitioner is suffering in custody since 02.10.2016,
Patna High Court Cr.Misc. No.55674 of 2016 (2) dt.09-01-2017 2/2 charge sheet has already been submitted and there is no chance of tempering with the prosecution evidence and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail. In the facts and circumstances stated above, considering the custody of the petitioner, now the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Daudnagar, Aurangabad, in connection with Aurangabad Mahila P.S. Case No.
21 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.)