Mukesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7131 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -KAUAKOL District- NAWADA ====================================================== Mukesh Kumar, Son of Satya Narain Saw, resident of Village:- Masauraha, P.S.- Ariari, (O.P. Kesar), District- Sheikhpura. .... .... Petitioner
Versus
1. The State of Bihar.
2. Babita Kumari, Daughter of Basant Sao, resident of Village- Chhanoun, P.S.:- Rupau, District- Nawada.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sheo Kumar Prasad, Advocate. For the State : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Kawakole (Rupau) P.S. Case No. 39 of 2016 for the offences instituted under Sections 498(A)/34 of the IPC. The prosecution story, in brief, is that the informant was married with this petitioner on 24.04.2012. After marriage, the accused persons started demanding dowry. On non-fulfilment of the same, they started subjecting cruelty. They confined the informant in a room and one day while she was in her room then her husband, father-in-law and mother-in-law attempted to kill her by pouring poison which was thrown any way and anyhow she
Patna High Court Cr.Misc. No.7131 of 2017 (3) dt.03-03-2017 2/3 was saved.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case.
It has jointly been submitted on behalf of learned counsels for the petitioner and the informant that they have mutually agreed to stay together. The petitioner undertakes to keep the informant with all due respect and dignity. Considering the fact that the petitioner and the informant have mutually agreed to stay together, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Kawakola (Rupau) P.S. Case No. 39 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The informant shall be present in the learned court below on the date of furnishing bail bond by the petitioner and the petitioner shall be obliged to take the informant alongwith him with all due respect and dignity as per the submission made by
Patna High Court Cr.Misc. No.7131 of 2017 (3) dt.03-03-2017 3/3 him in this Court.
U.K./- (Sudhir Singh, J) U T