Patna High CourtCR. MISC./31145/2017bail granted

Ajit Kumar Nirala v. State Of Bihar And ANR

2017-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31145 of 2017 Arising Out of PS.Case No. -3994 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ajit Kumar Nirala, S/o Sri Dineshwar Prasad Yadav, R/o Radhanagar P.O.+P.S.- Banmankhi, District- Purnia (Bihar) .... Petitioner

Versus

1. The State of Bihar.

2. Anshu Kumari, W?o Ajit Kumar Nirala, resident of Yamuna Yadav Path, Anishabad, P.O.- Anishabad, P.S.- Beur, District- Patna.... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Shashi Shekhar Kumar Prasad, Adv. For the State : Mr. Shyam Kumar Singh, APP 138 For the complainant : Mr. Sanjeev Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner, opposite party no. 2 and the State.

This is a petition for grant of anticipatory bail for offence under Sections 323, 341, 307, 379, 498A, 420, 454, 506, 509, 417, 120B and 504/34 of the Indian Penal Code. The petitioner is husband of opposite party no. 2 and allegation is of demand of dowry and torture for the same. The complaint petition, with the aforesaid allegation, was filed on 01.12.2015 by opposite party no. 2. Prior to that the petitioner had filed a case for divorce, vide Annexure 5, in July, 2015, alleging therein that opposite party no. 2 is leading adulterous life with Dr. Tumma Guru Kiran Babu. In November, 2015, the wife of Dr. Tumma Guru Kiran Babu also filed a divorce case against her husband on the ground that he is in extra marital relationship with opposite party no. 2. Submission of the learned counsel for the petitioner is that in the background of aforesaid factual position, chance of restoration of conjugal life is not there.

Patna High Court Cr.Misc. No.31145 of 2017 (2) dt.13-07-2017 2/2 On the other hand, the learned counsel for opposite party no. 2 submits that in fact everything has been concocted, due to non-fulfillment of dowry demand.

Considering the entire facts and circumstances and background of the allegation, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Complaint Case No. 3994(C) of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, XI, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √