Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67977 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== PAWAN KUMAR Son of Umakant Lal Resident of Mohalla-Layin Par, Mirzapur Professor Colony, Nawada, P.S-Nawada Muffasil, District-Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Amrita Sinha Daughter of Vedu Lal @ Ved Prakash Lal Residing at villageLalganj, P.O-Khaira, P.S-Ben, District-Nalanda. At Present Residing at mohalla-Krishna Nagar, Health Club Road, Biharsharif, Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ben P.S. Case No. 44 of 2019, registered for the offences punishable under Sections 498A, 341, 323, 504,506, 34 of the Indian Penal Code and under Section 4/5 of the Dowry Prohibition Act.

As per F.I.R. there is allegation against the petitioner for demand of rupees ten lacks and for that she was subjecting to torture and assault and ousted from the house. Submission of the learned counsel for the petitioner is that prior to this case he has filed a divorce case against the informant on the ground of cruelty thereafter the present case has been filed.

Patna High Court CR. MISC. No.67977 of 2019(2) dt.24-10-2019 2/2 On the other hand, learned A.P.P and learned counsel appearing on behalf of the informant has opposed the prayer of bail on the ground that within one year of marriage a divorce petition has been filed by the petitioner is contrary to the provisions of law.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on the record without being prejudice by dismissal of this order by this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T