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Patna High CourtCR. MISC./67254/2022bail granted

Vijay Kumar v. The State Of Bihar

2023-04-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67254 of 2022 Arising Out of PS. Case No.-1388 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Vijay Kumar, S/O Arun Kumar, Resident of village- Machharhatta Gali Barh, P.S.- Barh, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nirmala Devi, W/O Vijay Kumar, Resident of village- Azad Akbarpur, PostRajhat, P.S.- Akbarpur, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Despite valid service of notice, nobody appears on behalf of the Opposite party No. 2.

Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. There is allegation of demand of dowry and ill treatment on refusal to meet the dowry demand. Petitioner denies the prosecution case and submits that he is ready to keep his wife i.e. opposite party No. 2 namely, Nirmala Devi with full honour and dignity. Counsel for the petitioner further submits that the offence is triable by the

Patna High Court CR. MISC. No.67254 of 2022(6) dt.17-04-2023 2/2 Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Sub Divisional Judicial Magistrate, Nawada in Complaint Case No. 1388 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T