Nawal Kishore @ Nawal Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70374 of 2019 Arising Out of PS. Case No.-1053 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Nawal Kishore @ Nawal Kishore Prasad Son of Late Yadunandan Prasad Resident of Mohalla- X.T.T.I., Digha, P.S.- Digha, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Kumari Wife of Sri Nawal Kishore Prasad, Daughter of Sri Julumdhari Rai Resident of Mohalla- X.T.T.I., Digha, P.S.- Digha, DistrictPatna, Present Address- Shri Julumdhari Rai, Village- Mahuabagh, P.S.- Rupaspur, District- Patna.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2020 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1053(C) of 2018 disclosing offence under Section 498(A) of the Indian Penal Code.

As per complaint case, petitioner happens to be the husband. There is allegation that he wants to grab Myka property of the complainant and for that she was assaulted. Submission of the learned counsel for the petitioner is that after filing of this complaint case another police case has also been lodged. There is contradiction in her statement in both the cases. So far allegation is concerned moreover petitioner has filed a divorce case whereas the informant/complainant has filed

Patna High Court CR. MISC. No.70374 of 2019(2) dt.16-01-2020 2/2 maintenance case bearing maintenance Case No. 308 of 2019 pending in the court of learned Principal Judge, Patna. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail.

In view of the submissions as made above and as number of litigation is going on and divorce case and maintenance case is pending, 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) with two sureties of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, District-Patna, in connection with Complaint Case No. 1053 (C) of 2018 with condition that he has to appear before in the Principal Judge, Family Judge, in the maintenance case after release of anticipatory bail within a period of 15 days and cooperate in the disposal of maintenance case. (Vinod Kumar Sinha, J) S.Katyayan/ Rahul Mishra/- U T