Manu Kumar @ Mannu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73342 of 2019 Arising Out of PS. Case No.-426 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== MANU KUMAR @ MANNU KUMAR S/o Sri Banarshi Singh R/o villageDelhua, P.S.- Dinara, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neetu Devi @ Nitu Kumari W/o Manu Kumar @ Mannu Kumar, D/o Guput Narayan Singh R/o village- Delhua, P.S.- Dinara, District- Rohtas, at present address- village- Rasen, P.S.- Rajpur, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 426(c) of 2017 lodged for the offences punishable under Sections 498A, 323, 379/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. As per complaint petition petitioner happens to be husband of the complainant and allegation is that he demanded a motorcycle and for non-fulfilment of the same he ousted her from the house.

Submission of learned counsel for the petitioner is that the matter was referred to the Family Welfare Committee constituted at that time as per direction of Hon'ble Supreme Court and report of the committee is available along with copy of complaint petition (Annexure-2) which disclosed that an attempt was made for reconciliation between the parties but the complainant side was not

Patna High Court CR. MISC. No.73342 of 2019(2) dt.20-11-2019 2/2 ready to compromise the case and complainant was not ready to reside with the petitioner, as such the attempt was failed and petitioner later on filed a petition under Section 9 of Hindu Marriage Act before the Family Court for restitution of conjugal right. Heard learned APP also.

In view of above facts and circumstances and further it appears that after inquiry process has been issued against the petitioner, as such there is no chance of tampering with the evidence, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Buxar, in connection with Complaint Case No. 426(c) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T