Shintu Kumar Swarnkar @ Sintu Kumar Swarnkar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52975 of 2018 Arising Out of PS. Case No.-128 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== Shintu Kumar Swarnkar @ Sintu Kumar Swarnkar, S/o Chit Narayan Swarnkar, R/o Vill.- Daulatpur, P.S.- Raghopur, District- Supaul. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jyoti Kumari, W/o Shintu Kumar Swarnkar, R/o Village- Daulatpur, P.S.- Raghopur, District- Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP Mr. Lakshikant Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Raghopur P.S. Case No.128 of 2018 instituted for the offence under Section(s) 323, 341, 307, 498-A, 504, 506 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Counsel for the petitioner submits that petitioner is husband of the informant. He is in custody since 19.05.2018. Allegation against the petitioner is of committing torture with the informant for non-fulfillment of demand of dowry. It is alleged that the petitioner is neglecting his wife. Notice was issued to the OP No.2, who has appeared. Counsel for the informant submits that petitioner is neither

Patna High Court Cr.Misc. No.52975 of 2018(3) dt.26-11-2018 2/2 taking care of his wife nor making any payment for her maintenance.

Case diary has been received, wherein, it is mentioned that bruises were found on the person of the informant. Counsel for the petitioner has submitted that it has come in the statement of witnesses that informant is in habit of leaving the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Birpur, in connection with Raghopur P.S. Case No.128 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T