Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11657 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -KUMARKHAND District- MADHEPURA ======================================================

1. Nilesh Kumar Son of-Sitaram Yadav, Resident of Village-Ramganj, P.S.- Kumarkhand, District-Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner seeks bail in Kumarkhand P.S. case No. 143 of 2016 under Section 498A, 323, 504, 379/34 of the Indian Penal Code.

The petitioner is the husband of the daughter of informant. The informant alleged that marriage was solemnized 10 years ago and his daughter spent happy conjugal relation for about two years but thereafter the petitioner and other family members began to torture his daughter. His daughter gave birth to three children.

The learned counsel for the petitioner submits that petitioner is ready to keep his wife. On account of some petty family dispute the case has been lodged. The wife of the petitioner

Patna High Court Cr.Misc. No.11657 of 2017 (3) dt.08-04-2017 2/2 after two and half months of lodging of the present case lodged Kumarkhand P.S. case No. 196 of 2016 on 31.10.2016. The wife of the petitioner made specific allegation that petitioner assaulted her with sharp edged weapon causing injury to her. It is further submitted that petitioner is maintaining his children. Having considered the facts that no specific allegation is made against the petitioner in the present case of demanding dowry or torture, the petitioner is in jail since 16.01.2017 and the petitioner has remained in jail for about three months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Madhepura in Kumarkhand P.S. Case No. 143 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T