Brajesh Kumar Shukla @ Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70092 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== BRAJESH KUMAR SHUKLA @ BRAJESH KUMAR Son of Harish Prasad Shukla Resident of Village-Kurba Dudhani, P.S and District-Dumka (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 This application, for grant of anticipatory bail, arises out of Mahila P.S. Case No. 16 of 2019, disclosing offences under Sections 498(A) and 34 of the Indian Penal Code and Section 3 / 4 of Dowry Prohibition Act.
Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to torture with respect to demand of dowry.
Submission of learned counsel for the petitioner is tht the real fact is that the brother of informant committed theft in the house of petitioner, for which, he has lodged a case and out of annoyance, the informant has filed the present false case. Moreover, he is still ready to keep her with full honour and dignity, for which, he has also filed a case under Section 9 of
Patna High Court CR. MISC. No.70092 of 2019(2) dt.15-11-2019 2/2 Hindu Marriage Act for restitution of conjugal rights, in which, she initially appeared but later on left pairvi and, thereafter, the case was ex parte decided in favour of petitioner. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Khagaria, in connection with Mahila P.S. Case No. 16 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T