Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57472 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- MAHILA P.S. District- Samastipur ====================================================== KISHAN KUMAR S/o Surendra Singh R/o village- Khaja Sarai (Laheria Sarai), P.S.- Laheria Sarai, District- Darbhanga ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Guriya Kumari W/o Kishan Kumar, D/o Late Saheb Singh At present R/o village- Rahtauli, P.S.- Hathaudi, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 498A, 341, 323, 504, 506, 307, 34 of the Indian Penal Code and Section 3,4 D.P. Act. Petitioner, who happens to be husband of the informant is said to have tormented the informant over dowry demand in association of his family members.

Patna High Court CR. MISC. No.57472 of 2019(4) dt.17-12-2019 2/3 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has neither made any dowry demand nor tormented the informant. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is always ready to keep the informant with full honour and dignity but the informant is not ready to live with him. Informant has not sustained any injury rather the discharge slip of the informant indicates that she is suffering from depressive illness. The matter was sent to the Patna High Court Mediation Centre for reconciliation between the parties but the mediation stood failed due to non-cooperation of the O.P. No.2. She does not want to live in her marital house despite readiness of the petitioner to keep her with him. Other accused persons have been enlarged on anticipatory bail by learned lower court. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Sri Abhishek Kumar, Judicial Magistrate 1st Class, Samastipur in connection

Patna High Court CR. MISC. No.57472 of 2019(4) dt.17-12-2019 3/3 with Samastipur Women P.S. Case No.16 of 2019. (Prakash Chandra Jaiswal, J) amit/- U T