Dhiraj Kumar @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68968 of 2019 Arising Out of PS. Case No.-318 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Dhiraj Kumar @ Dheeraj Kumar, Son of Suresh Mahto @ Surendra Prasad, Resident of Village-Bakahada, P.S.-Sahebpur Kamal, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ganita Kumari, Wife of Dhiraj Kumar, Daughter of Ramdeo Mahto, Resident of Village-Sanha, Naya tola, P.S-Sahebpur Kamal, DistrictBegusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 318C of 2019, disclosing offences under Sections 323, 498A, 307, 406 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Petitioner happens to be the husband of the informant. There is allegation of demand of one motorcycle and Rs. 1,00,000/- and for that, assaulted her and tried to kill her by sprinkling kerosene oil upon her.

Submission of learned counsel for the petitioner is that the allegation is false and concocted. The marriage was forcibly solemnized with the informant. The allegation of sprinkling of kerosene oil and tried to kill her, has not been

Patna High Court CR. MISC. No.68968 of 2019(2) dt.04-11-2019 2/2 found true and cognizance has been taken under Sections 323 and 498A of IPC. It has further been submitted that in spite of the above, he is still ready to keep her with dignity and care. Heard learned APP also.

Having heard both sides, in view of the facts, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of three weeks from the date of receipt of certified copy of this order. On surrender, he will be released on provisional bail for a period of six months to the satisfaction of the learned court below. During that period, the court below shall issue a notice to the opposite party no.2 and on her appearance, the learned court below shall hear both the parties and pass an appropriate order, either confirming the bail bonds of the petitioner, or cancelling the same.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T