Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68829 of 2022 Arising Out of PS. Case No.-1147 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NITISH KUMAR SON OF SHRI SANTOSH JAISWAL R/O VILLAGEHASANI TALABPAR, P.S.- CHANDI, DISTRICT- NALANDA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
NEHA KUMARI D/O LALLU SAH R/O MOHALLA- BEGAMPUR, SATI CHAURA, P.S.- BYPASS, DISTRICT- PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State along with the learned counsel for the complainant.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 323, 379, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
Learned counsel for the complainant, at the outset,submits that the complainant has performed her second marriage and as such, is not opposing the anticipatory bail application of the petitioner.
Learned counsel for the petitioner submits that since the
Patna High Court CR. MISC. No.68829 of 2022(3) dt.20-07-2023 2/2 complainant has already performed a second marriage, as such, she should withdraw the present criminal case and seek divorce by mutual consent on which the learned counsel for the complainant readily agrees.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patna Complaint Case No. 1147 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
The Court expects that the complainant now will withdraw the criminal case filed against the petitioner. (Satyavrat Verma, J) HarshPandey/- U T