Patna High CourtCR. MISC./67519/2018allowed

Arjun Prasad v. State Of Bihar And ANR

2018-12-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67519 of 2018 Arising Out of PS. Case No.-433 Year-2007 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Arjun Prasad Son of Late Dukhi Prasad Resident of Village-Pokhadiha P.S. Nasarganj Distirct-Kodarma (Jharkhand).

... ... Petitioner/s

Versus

1. The State of Bihar

2. Dula Devi D/o Kailash Prasad Wife of Arjun Prasad Resident of VillageKanoungo Bigha P.S. Narhat, District Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. The opposite party no. 2 claims that petitioner is her husband and she has been subjected to cruelty by the petitioner due to non fulfillment of illegal demand. However, it is pointed out on behalf of the petitioner that one Complaint Case no. 417 of 2009 was filed in the State of Jharkhand and the learned Judicial Magistrate 1st class, Kodarma vide judgment dated 11.07.2014 acquitted the appellant from the charge under

Patna High Court Cr.Misc. No.67519 of 2018(2) dt.06-12-2018 2/2 section 498A of the Indian Penal Code.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the SubDivisional Judicial Magistrate, Nawada in complaint Case no. 433 of 2007 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T