Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78131 of 2018 Arising Out of PS. Case No.-424 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== Nirmal Kumar, S/o Ramchandra Mandal, R/o Vill./Mohalla- Masharu, P.S.- Sabour, Distt.- Bhagalpur.

... ... Petitioner

Versus

1.The State Of Bihar

2. Chandraketu Prasad Mandal, son of Late Jodhan Mandal

3. Nabita Kumari, d/o Chandraketu Prasad Mandal, both resident of village Bansipur, P.O. Sovnathpur, P.S. Kahalgaon, Dist. Bhagalpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kahalgaon P.S. Case No. 424 of 2018 registered for the offences punishable under Sections 342, 323, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner as per FIR is that after marriage he had taken the informant to Bombay and there he assaulted her and snatched her mobile.

Earlier notices were issued to opposite party Nos. 2 and 3 and it appears from the order dated 4.7.2019 that they have received the notice but they have not appear nor filed Vakalatnama and as a last indulgence the case has been fixed for

Patna High Court CR. MISC. No.78131 of 2018(5) dt.15-07-2019 2/2 today. Today also none appears on behalf of the opposite party Nos. 2 and 3.

Submission of learned counsel for the petitioner is that there is no specific allegation mentioned in the FIR, rather allegation is general and omnibus in nature.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, 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, Bhagalpur, in connection with Kahalgaon P.S. Case No. 424 of 2018, 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.

(Vinod Kumar Sinha, J) spal/- U T