Goodluck Kumar @ Jaiswal @ Gudluck Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13500 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Goodluck Kumar @ Jaiswal @ Gudluck Kumar, son of Late Brahmeshwar Prasad Sah, resident of near Maxwell Computer Centre, Ghooran Peerbab Chok, P.S.-Barari, District-Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kumari Manisha, daughter of Ram Rajeshwar Prasad Bhagat, resident of Village-Goldarpatti, P.S.-Nathnagar, District-Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that that the informant herself filed Matrimonial Case No. 25 of 2016 with a prayer for the dissolution of marriage. It is further submitted that informant refused to resume the conjugal life due to the torture as alleged to have been inflicted by the petitioner as gets reflected from the impugned order.

Considering the fact that informant herself filed matrimonial suit with a prayer for divorce, let the

Patna High Court Cr.Misc. No.13500 of 2016 (2) dt.29-03-2016 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar(Lalmatiya) P.S. Case No. 25 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T