Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70710 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== NIRAJ KUMAR Son of Upendra Singh Resident of Village- Khanpur, P.S.- Ekangarsarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priti Kumari Wife of Niraj Kumar Resident of Village- Khanpur, P.S.- Ekangarsarai, District- Nalanda.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ekangarsarai P.S. Case No. 161 of 2019 instituted for the offence under Sections 341, 323, 504, 498A/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. This case relates to torture and harassment due to nonfulfillment of due dowry amount by the husband and her in-laws members.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.70710 of 2019(3) dt.05-04-2022 2/2 has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any thing from the informant. She is residing in her matrimonial house with the petitioner. It is further submitted that in spite of issuing service of notice, petitioner has chosen not to turn up before the Court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ekangarsarai P.S. Case No. 161 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U