Vimal Kumar Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31130 of 2018 Arising Out of PS. Case No.-1069 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Vimal Kumar Mishra S/o Sri Vishwanath Mishra Resident of Village - Anandpur, P.S. - Tajpur, District - Samastipur. ... ... Petitioner
Versus
1. The State of Bihar.
2. Smt. Gunja Devi W/o Vimal Kumar Mishra Resident of Village - Anandpur, P.S. - Tajpur, District - Samastipur, D/o - Sri Suresh Chandra Jha, at present resident of Dinmanpur South (Barahgama), P.S. - Khanpur, District - Samastipur.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Sushil Kumar Jha, Adv.
For the Opposite Party no.1 :
Mr. Sri Rajesh Kumar, Adv.
For the Opposite Party no.2 : Mr. Arbind Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in Complaint Case No.1069 of 2015 (Tr. No.1941 of 2017) for the offences registered under Section 498(A), 406, 323, 504 of the Indian Penal Code and 3 /4 of the Dowry Prohibition Act.
Allegation against petitioner is that due to non-fulfillment of demand of dowry the complainant was assaulted and ousted from matrimonial house.
It has been contended on behalf of the petitioner that he is innocent and has not committed any offence. There are omnibus allegations made against all the family members including petitioner. Marriage was solemnized in 2009 and complainant went to her parental home in 2011 and thereafter never came to her matrimonial home and has filed complaint case in 2015. In the complaint case scandalous allegation has been levelled against petitioner and his sister-in-law. He has got no criminal antecedent. Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or
Patna High Court Cr.Misc. No.31130 of 2018(2) dt.23-05-2018 2/2 surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/ (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Samastipur, in Complaint Case No.1069 of 2015 (Tr. No.1941 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) sudip/manoj U T