Rajiv Kumar Nirala @ Guddu v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.53963 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53963 of 2016 Arising Out of PS.Case No. -213 Year- 2016 Thana -DIGHA District- PATNA ======================================================

1. Rajiv Kumar Nirala @ Guddu Son of Janardhan Prasad Resident of Polson Digha, P.S. Digha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prachi Priyam Wife of Rajiv Kumar Nirala@Guddu and D/o Sri Sunil Kumar Singh R/o Primuhani, Gat No.2 Kadamkuan, Distt- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Digha P.S. Case No. 213 of 2016 registered under Sections498A, 323, 494, 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 that since the informant had no brother the petitioner and his family members put pressure upon her to take share in her parent's property. In that connection they even tried to kill her by burning. Petitioner is alleged to have filed divorce case and solemnized second marriage.

Patna High Court Cr.Misc. No.53963 of 2016 (2) dt.21-12-2016 Learned counsel for the petitioner submits that petitioner has not solemnized second marriage and is very much ready to keep his wife with honour and dignity. It is further submitted that petitioner is ready to withdraw the divorce case filed by him in Family Court at Patna and will restore his conjugal life with the informant according to her will. Considering the facts and circumstances of the case and the fact that petitioner is ready to restore his conjugal life, 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 Md. Inam Khan, Judicial Magistrate, 1st Class, Patna in connection with Digha P.S. Case No. 213 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