Ashutosh Kumar @ Ashutosh @ Chandraseikhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79596 of 2019 Arising Out of PS. Case No.-415 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ASHUTOSH KUMAR @ ASHUTOSH @ CHANDRASEIKHAR Son of Late Laxmi Narayan Resident of Village - Jagesharpur, Police Station - Shivnarayanpur, District - Bhagalpur.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Usha Devi @ Kavita Kumari wife of Ashutosh Kumar @ Ashutosh @ Chandraseikhar Resident of Village - Jagesharpur, Police Station - Shivnarayanpur, District - Bhagalpur. At Present R/O Village - Khadiya, Police Station - Bariarpur, District - Munger. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Najmul Hodda For the Opposite Party/s :
Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2021 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 Complaint Case No. 415 of 2018 instituted for the offence under Sections 498(A) of the Indian Penal Code. This case relates to torture and harassment due to nonfulfillment of motorcycle and rupees two lakh as dowry demand
Patna High Court CR. MISC. No.79596 of 2019(14) dt.30-11-2021 2/3 and finally husband of the complainant and his family members ousted her from matrimonial home after snatching her belongings.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further submitted by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity.
Learned APP appearing for the State has opposed the prayer of bail.
Learned counsel appearing for the complainant has asserted that complainant is not ready to live with her husband. 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 Complaint Case No. 415 of 2018 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 Judicial Magistrate, 1st Class, Bhagalpur
Patna High Court CR. MISC. No.79596 of 2019(14) dt.30-11-2021 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U