Jyoti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64185 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== Jyoti Kumar son of Sri Mahendra Singh, resident of Village- Saidpur Ganesh, P.S. Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Ganga Bridge P.S.No.82 of 2018 registered under Sections 498(A), 323, 324, 307, 379 and 34 of the I.P.C.

Accusation is of torturing of the informant Rekha Devia at the hands of her husband (Jyoti Kumar) and in-laws and removing her from her matrimonial house causing assault as well as of dowry demand.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is military personnel and at present posted at Doklam at China Border. Admittedly, marriage of the petitioner was performed ten years ago with the informant of the present case and the petitioner used to reside along with his

Patna High Court Cr.Misc. No.64185 of 2018(4) dt.01-02-2019 2/2 mother and the informant at Delhi in course of which due to injury caused by the informant the mother of the petitioner was admitted in hospital and Dabri P.S. Case No.286/17 was instituted on 25.05.2017 against the informant of the present case under Section 308 of the I.P.C.. Later on, the mother of the petitioner died then section 302 was added. But the police submitted final form while protest petition is still pending. After lodging the case of the petitioner the informant who happens to be wife of the petitioner, had lodged the present case. Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest of surrender before the learned court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M. Vaishali, in Ganga Bridge Case No.82 of 2018 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U