Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72751 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== Mithu Kumar Son of Laxman Thakur Resident of Village - Koergama, P.S.- Chakia, District- East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Menaka Kumari @ Menaka Devi Wife of Mithu Kumar, D/O - Rajendra Thakur Resident of Village - Sagar, P.S.- Pipra, District- East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.72751 of 2019(5) dt.06-12-2021 2/3 The petitioner is husband of the informant/O.P. No. 2.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that presently the informant is living with the petitioner in her matrimonial house as wife with full dignity and honour.

Considering the aforesaid assertion of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Chakia P.S. Case No. 142 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.72751 of 2019(5) dt.06-12-2021 3/3 At the time of executing the bail bonds, the petitioner shall produce the informant before the learned Court below. The Court below, after satisfying with the informant that she is presently residing with her husband as wife with full dignity and honour, shall allow the petitioner to execute the bail bonds.

(Sunil Kumar Panwar, J) Shageer/- U T