Vishwajeet Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2465 of 2017 Arising Out of PS.Case No. -315 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Vishwajeet Kumar, Son of Shri Arbind Kumar Resident of VillageFakarbad, P.S.- Sonepur, District- Saran (Chapra). .... .... Petitioner
Versus
1. The State of Bihar.
2. Anju Kumari @ Khusbu Kumari, Daughter of Chandeshwar Prasad Mahto, Resident of Village- Jalalpur, P.S.- Patori, District- Samastipur. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Nagar P.S. Case No. 315 of 2016, registered under Sections 341, 323, 498A and 504 of the Indian Penal Code.
The allegation of informant is that his marriage was performed with this petitioner in the year 2010 and she laid her conjugal life till 2014. But in the year 2015, dispute arose due to non-fulfillment of demand of motorcycle and she went to attend the proceeding of Section 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Samastipur and when she returned from the Court then her husband (petitioner) and
Patna High Court Cr.Misc. No.2465 of 2017 (2) dt.06-02-2017 2/2 Dheeraj Kumar, brother-in-law of the informant started to abuse her and also caused assault to her.
Learned counsel for the petitioner submits that, in fact, the informant has already filed Complaint Case No. 585 of 2015 pending in the Court of SDJM, Samastipur in which cognizance has also been taken under Section 498A of the I.P.C. and Section 3 / 4 of Dowry Prohibition Act against the petitioner and this case filed only to harass the petitioner with false allegation of demand of dowry. The petitioner is in custody since 11.11.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Nagar P.S. Case No. 315 of 2016. (Rajendra Kumar Mishra, J) manish/- U T