← Library
Patna High CourtCR. MISC./36017/2016disposed

Manish Kumar v. State Of Bihar And ANR

2016-08-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36017 of 2016 Arising Out of PS.Case No. -1129 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Manish Kumar S/o Shri Ram Ishwar Prasad R/o at Bahbalpur Tola, Kailashpur, P.S. Guraru, District Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Laxmi Kumari @ Laxmi Devi D/o Shri Mishri Sao at Marora, P.S. Biharsharif, District - Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A, 323, 504/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner was forced to solemnize marriage with the complainant on the point of pistol, against which the father of the petitioner filed Complaint Case No. 928C/2013 against the brother and other family members of the complainant. The petitioner has

Patna High Court Cr.Misc. No.36017 of 2016 (2) dt.22-08-2016 also filed Matrimonial Suit No. 270/2013 for annulment of marriage.

Considering the filing of complaint case as well as matrimonial suit at the earlier point of time, let the abovenamed petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Nalanda at Bihar Sharif in Complaint Case No. 1129C/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U