Niraj Kumar @ Dr. Niraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.51873 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51873 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -MAHILA P.S. District- SARAN ====================================================== Niraj Kumar @ Dr. Niraj Kumar son of Late Sudish Prasad, resident of village- Kolhua, Lawalpur, P.S.- Marhowrah, District- Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Saran Mahila P.S. Case No. 01 of 2016 registered under Sections- 498A, 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner, who is husband of the informant, is of torture and assault due to nonfulfillment of demand of four-wheeler. Petitioner and their family members are alleged to have even tried to kill the informant.

Learned counsel for the petitioner submits that informant was married with the petitioner against her will and she was having love affair with some one. It is further

Patna High Court Cr.Misc. No.51873 of 2016 (2) dt.20-12-2016 submitted that informant wanted to get married with that person. It is further submitted that petitioner, having failed to settle the relationship, filed Divorce Case No. 153 of 2015 before Family Court, Saran at Chapra, which is still pending. Considering the facts and circumstances of the case and the fact that petitioner had earlier filed a case for divorce, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Saran Mahila P.S. Case No. 1 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

, (Arvind Srivastava, J) Manish/- U T