Sandeep Kumar Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4904 of 2015 Arising Out of PS.Case No. -126 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================
1. Sandeep Kumar Mishra S/O Girjanand Mishra Resident of villNanour,P.S-Rudrapur,Distt.-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rupa Kumari verma D/O Late Shukeshwar Prasad Verma Resident of Mohalla-Doda Godown,Hal Sahab Ki Kothi,P.S-Town,Distt-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-06-2015 Heard both sides.
The petitioner is seeking anticipatory bail in a case under section 498A and other sections of the Indian Penal Code. The petitioner solemnized love marriage with the complainant. The complainant made allegation of demand of dowry and torture.
It is submitted that the complainant had earlier filed Muzaffarpur Town P.S. case No. 33 of 2010 against Himanshu Raj and others under section 376/120B of the IPC. During the course of trial the complainant deposed that she was earlier married to Himanshu Raj in paragraph 21 of her deposition. It is
Patna High Court Cr.Misc. No.4904 of 2015 (4) dt.26-06-2015 2/3 submitted that after knowing the fact that the complainant was earlier married to Himanshu Raj the petitioner filed Matrimonial Case No. 114 of 2014 on 05.04.2014 thereafter the complainant filed this case. The allegation of demand of dowry and torture is false and concocted.
Learned counsel for the complainant vehemently opposed the prayer for bail and submitted that Himanshu Raj on the pretext of marriage with the complainant established physical relationship but later on he refused to marry with the complainant and that is why the complainant filed Muzaffarpur Town P. S. case No. 33/2010. The complainant thereafter married with the petitioner and the petitioner after marriage subjected her to physical and mental torture due to non-fulfillment of demand of dowry.
Considering the facts and nature of allegation made against the petitioner and the fact that the petitioner came to know about illicit relation of the complainant with Himanshu Raj after marriage filed matrimonial suit for dissolution of marriage and thereafter this complaint petition is filed, let the petitioner, above named, in the event of his arrest/ surrender in the court below within a period of four weeks from today be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) each with
Patna High Court Cr.Misc. No.4904 of 2015 (4) dt.26-06-2015 3/3 two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Muzaffarpur (East) in connection with complaint case No. 126/2014, corresponding to T. R. No. 2334/14, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T