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Patna High CourtCR. MISC./69507/2019bail granted

Ashwani Kumar @ Ashwini Kumar @ Dannu Lall v. The State Of Bihar

2019-11-06Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69507 of 2019 Arising Out of PS. Case No.-2353 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ASHWANI KUMAR @ ASHWINI KUMAR @ DANNU LALL S/o Anil Kumar @ Bhola Singh R/o village- Gonpura, P.S.- Phuwlari Sharif, DistrictPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Ankita Kumari W/o Sri Ashwini Kumar, D/o Sri Arvind Kumar R/o village- Gonpura, P.S.- Phulwari Sharif, District- Patna, at present residing at House of Lokesh Kumar Singh, Pragati Nagar, Sipara, P.S.- Beur, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Meeta Sinha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2353(C) of 2017 lodged for the offences punishable under Sections 406, 420, 498A, 323/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and there is allegation against him that prior to the marriage he has illicit relationship with one girl and later on she also came and abused them. Further allegation is that petitioner had demanded Rs.1 lac from the complainant.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.69507 of 2019(2) dt.06-11-2019 2/3 that he has no illicit relationship with any girl and allegation is false and concocted and he is ready to settle the dispute. Further submission is that FIR itself shows that complainant is not satisfied with the petitioner as she is making allegation that petitioner married with her saying that he was an Engineer but later on it was found that he is a medical representative and in lieu of that the present case has been filed with allegation of demand of Rs.1 lac.

Heard learned APP and perused the impugned order, wherefrom it appears that the matter was also referred to the Mediation Centre by learned Additional Sessions Judge, Patna but mediation failed.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Patna, in connection with Complaint Case No. 2353(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that

Patna High Court CR. MISC. No.69507 of 2019(2) dt.06-11-2019 3/3 petitioner has to co-operate in disposal of the complaint case and appear in court as and when required.

(Vinod Kumar Sinha, J) spal/- U T