Murari Kumar Mishra @ Murari Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5740 of 2017 Arising Out of PS.Case No. -554 Year- 2015 Thana -KANKARBAGH District- PATNA ======================================================
1. Murari Kumar Mishra @ Murari Mishra S/o Sri Vidya Nand Mishra, Permanent Resident of Village-Nav Nagar, P.O. + P.S.-Rudrapur, District-Madhubani, and at Present residing at -9/4, Mohalla-Sri Ram vihar Karte Chowk, P.O. + P.S. -Shastri Nagar, District-Gaziabad (Uttar Pradesh).
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Aparna Kumari, W/o Sri Murari Kumar Mishra, D/o Sri Durga Nand Jha, Permanent Resident of Village +P.O. Mithila Dip, Via-Jhanjharpur, P.S.-Madhepur, District-Madhubani and at Present, C/o Sri C.P. Singh, Ashok Nagar, Road No. 7 B, P.S.-Kankarbagh, Patna-800020 .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Sinha, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323/342/498A/354/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.
Petitioner is husband of Opposite Party No.2. There is allegation of demand of dowry and torture for the same.
During reconciliation it revealed that the dispute is of incompatibility. The husband was ready for restoration of
Patna High Court Cr.Misc. No.5740 of 2017 (8) dt.11-07-2017 2/2 conjugal life. He had purchased a reservation ticket to go with his wife at his work place as assured earlier by Opposite Party No.2. However, the Opposite Party No.2 refused to go with the petitioner instantly.
Considering the future chances of reconciliation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna/Successor Court in connection with Kankarbagh Police Station Case No.554 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T