Amit Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1492 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- PUSA District- Samastipur ====================================================== Amit Kumar Mishra, son of Sri Birendra Prasad Mishra Resident of Village - Teera Jatmalpur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr Bihar 2.

Mrs. Pragati Kumari, daughter of Rakesh Kumar (wife of Amit Kumar Mishra) resident of village and Post office- Mahmada, P.S.-Pusa, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hira Prasad Pandey For the Opposite Party/s :

Mr.Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 The petitioner apprehends his arrest in connection with Pusa P.S.Case No. 67 of 2018 registered under Sections 323, 341, 498A and 504 of the Indian penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting to assault and cruelty to O.P.No. 2 with respect to demand of dowry. Submission of learned counsel for the petitioner is that he is still ready to keep his wife.

On the other hand, learned counsel for the O.P.No. 2 has appeared and submits that earlier also she was assaulted and a maintenance case was filed by the O.P. No. 2 and petitioner has not appeared up till now.

Patna High Court CR. MISC. No.1492 of 2019(4) dt.28-02-2019 2/2 In such view of the matter, let petitioner surrender within a period of six weeks from the date of receipt of a copy of this order and upon his surrender, he be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Pusa P.S. Case No. 67 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner has to appear in maintenance case filed by the O.P.No. 2 and co-operate in disposal of the same, otherwise O.P.No. 2 will have liberty to move before the court below for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sujit/- U T