Patna High CourtCR. MISC./71061/2019bail granted

Abhishek Kumar v. The State Of Bihar

2019-11-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71061 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== Abhishek Kumar, son of Bindeshwari Prasad Shah, resident of Block No.2, Plot No.7, MIG in front of K.P.Sinha Memorial Hospital, P.O. B.H.Colony, P.S. Agamkuan, District-Patna ... ... Petitioner/s

Versus

1.The State of Bihar

2. Jyoti Kumar, wife of Abhishek Kumar, resident of D/O Darun Mahto, Moffarganj, Ward No.36, Naya Tola, P.S. Town Thana Katihar, DistrictKatihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyan Prakash For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Agamkuan P.S. Case No.228 of 2019 registered for offence punishable under Sections 498A/323/341/34 of the Indian Penal Code.

As per F.I.R. the allegation against the petitioner, who happens to be husband of Opp.Party no.2, is of subjecting to torture and assault to the informant due to non-fulfilment of dowry and she was also not allowed to talk with her maike family.

Submission of learned counsel for the petitioner is that allegation is false and concocted.

Patna High Court CR. MISC. No.71061 of 2019(2) dt.07-11-2019 2/2 Heard learned Addl. Public Prosecutor also.

Having heard both sides and in view of facts and circumstances, as stated above, let petitioner, named above, in the event of his arrest or surrender before the court below be released on bail on furnishing bail bond of Rs.25,000/-(twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna City in connection with Agamkuan P.S.Case No.228 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If the informant wants to reside with the petitioner, the petitioner will take and keep her as wife with full dignity and care.

With above observation, this application is allowed. (Vinod Kumar Sinha, J.) nawalkrs/- U T