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Patna High CourtCR. MISC./56418/2019allowed

Mannu Kumar @ Abhimanyu Kumar v. The State Of Bihar

2019-09-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56418 of 2019 Arising Out of PS. Case No.-371 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== MANNU KUMAR @ ABHIMANYU KUMAR Son of Brijnandan Singh, Resident of Village- Tilaura, P.O.- Tungi, P.S.- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Dimpi Kumari Wife of Mannu Kumar @ Abhimanyu Kumar, Resident of Village- Tilaura, P.O.- Tungi, P.S.- Wazirganj, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.371 of 2017 for the offences allegedly committed by the petitioner under Sections 498A, 323, 341 and 379 of the Indian Penal Code and under section 4 of the D.P. Act. The complainant made allegation for demand of additional dowry and torture against the petitioner. Learned counsel for the petitioner submits that the petitioner was married with the complainant on 29.05.2014. The petitioner is willing to keep his wife but the wife of the petitioner did not want to live with the petitioner and consequently the petitioner filed divorce case being Matrimonial

Patna High Court CR. MISC. No.56418 of 2019(2) dt.11-09-2019 2/2 Case No.343 of 2016 under section 13 of the Hindu Marriage Act. When the complainant received notice, she filed complaint case on 13.04.2017.

Having considered the facts that the complainant was not willing to live with the petitioner and when the petitioner filed matrimonial case seeking dissolution of marriage, the complainant filed complaint case in the year 2017, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Complaint Case No.371 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T