Prabhat Kumar @ Prabhat Kumar Thakur @ Sonu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58949 of 2019 Arising Out of PS. Case No.-1378 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== PRABHAT KUMAR @ PRABHAT KUMAR THAKUR @ SONU THAKUR Son of Late Anil Kumar Sharma @ Anil Thakur Resident of Village - Bhairopatti, P.S.- Pusa, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari D/O - Sri Harish Chandra Thakur, Wife of Prabhat Kumar Thakur @ Sonu Thakur Presently residing at Village - Jagdishpur Rami Tola, Malpara, P.S.- Muffasil, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Kumar Prasad For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. C.R. 1378 of 2018 TR No. 3158 of 2019 instituted for the offence under Section 498A/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. As per complaint petition, it is a case of harassment due to non-fulfillment of dowry demand.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant. It is asserted by learned counsel for the petitioner as well as learned counsel for the complainant that now good sense has been prevailed between the complainant and the petitioner and both

Patna High Court CR. MISC. No.58949 of 2019(7) dt.30-11-2021 2/2 are living together.

Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. C.R. 1378 of 2018, TR No. 3158 of 2019 he will 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 learned Subdivisional Judicial Magistrate, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. However, informant is directed to remain present at the time of filing of the bail bond and she will assert before the court below that she is living with her husband happily. (Sunil Kumar Panwar, J) sushma/- U T