Brajesh Kumar Bibhu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54855 of 2016 Arising Out of PS.Case No. -297 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Brajesh Kumar Bibhu son of Baleshwar Yadav (Advocate) Resident of Mohalla - Gandhi Nagar (Dan Tola), Police Station and District - Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kanchan Devi wife of Brajesh Kumar Bibhu Resident of Mohalla - Gandhi Nagar (Dan Tola), Police Station and District - Khagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Khagaria P.S. Case No. 297 of 2016 registered under Sections 498A/34 of the Indian Penal Code and 3⁄4 of the D.P. Act. The allegation is of torture and assault to the informant due to non-fulfillment of demand of dowry. Thereafter, she was ousted from her matrimonial house by the accused persons.
Learned counsel appearing on behalf of the petitioner submits that petitioner, who happens to be husband of the informant, has falsely been implicated in this case. The informant herself left the matrimonial house. The husband has
Patna High Court Cr.Misc. No.54855 of 2016 (3) dt.09-02-2017 2/2 already filed the Matrimonial Suit No. 94 of 2015 in the Court of Principal Judge, Family Court, Khagaria for divorce. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Khagaria in connection with Khagaria P.S. Case No. 297 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shail/- U T