Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83402 of 2019 Arising Out of PS. Case No.-2705 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Neeraj Kumar @ Niraj Kumar S/o Krishna Mohan Prasad Singh R/o villageSonbarsa Shah, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sharmila Kumari D/o Sri Ram Iqbal Bhakt R/o village- Sarariya, P.S.- Lalganj, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 This is an application for grant of anticipatory bail in connection with Vaishali Complaint Case No. 2705 of 2018, disclosing offences under Sections 498A/34 of IPC and Section 4 of Dowry Prohibition Act.

As per complaint case, petitioner happens to be the husband of the complainant and there is allegation of demand of four wheeler worth Rs. 10 lakhs, for that subjecting her to cruelty. It further appears that the learned court below has also tried to resolved the matrimonial dispute, but the same could not materialize.

Submission of the learned counsel for the petitioner is that when effort of mediation would not be materialized, he has

Patna High Court CR. MISC. No.83402 of 2019(3) dt.21-01-2020 2/2 filed a divorce case now and it is not possible for him to keep her.

Heard learned A.P.P. as well as learned counsel for the complainant, who has submitted that she already wants to reside with the petitioner, but the petitioner has not approached for her Vidai.

Having heard both sides, considering the conduct of both the parties, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender and pray for regular bail.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T