Niku Kumar @ Niku Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79685 of 2018 Arising Out of PS. Case No.-590 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Niku Kumar @ Niku Prasad S/o Shambhu Prasad Resident of mohalla-Bhola Babu Colony, Teen Lalten Chowk, P.S-Bettiah Town,Distt.-West Champaran. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Rupa Devi W/o Niku Kumar @ Niku Prasad R/moh-Bhola Babu Colony,Teen Lalten Chowk,P.S-Bettiah Town,Distt-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2019 The petitioner apprehends his arrest in connection with Bettiah (T) P.S.Case No. 590 of 2018 registered under Sections 323, 324,341,494 and 498A of the Indian Penal Code . Allegation against the petitioner is that marriage of O.P.No. 2 was solemnised with the petitioner in the year 2013 and after some time, petitioner along with other family members used to pressurise O.P.No. 2 to get a piece of land registered in the name of the petitioner belonging to her brother. It has been alleged that due to non-fulfillment of demand, O.P.No. 2 was being tortured physically and mentally by the petitioner and other family members.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case based upon mala fide

Patna High Court CR. MISC. No.79685 of 2018(9) dt.23-08-2019 2/2 complaint inasmuch as out of the wedlock, two children have borne and petitioner is ready to keep O.P.No. 2 as his wife. Learned counsel further submits that this Court was pleased to issue notice to O.P.No. 2 for negotiating settlement but it appears that despite service of notice, O.P.No. 2 chose not o appear.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner is ready to keep O.P.No. 2 as his wife with care and dignity and despite service of notice, O.P.No. 2 chose not to appear before the Court, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Bettiah (T) P.S.Case No. 590 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T