Allowed

Dinesh Kumar v. State Of Bihar and Anr.

Patna HC12 Oct 2017CR. MISC./49405/2017

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What is this about?

The High Court at Patna granted anticipatory bail to the petitioner apprehending arrest in a domestic violence case under Section 498A IPC and Dowry Prohibition Act. Bail was granted subject to conditions for a period of six weeks and compliance with Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted to the petitioner with a bond of Rs. 10,000 and two sureties, valid for six weeks.

Dinesh Kumar Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49405 of 2017

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Arising Out of PS. Case No.-156 Year-2017 Thana- BIHTA District- Patna

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======================================================

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Dinesh Kumar son of Mithil Rai, resident of village Pathlotiya, Police station Bihta, District Patna

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Sandhya Kumari @ Chanda Kumari D/o Durga Rai, w/o Dinesh Kumar, resident of vilalge Chhitnawa, P.S. Maner, District Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Naushad Akhtar, Advocate For the Opposite Party/s : Mr. ABHAY KUMAR – 1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

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Patna High Court Cr.Misc. No.49405 of 2017(2) dt.12-10-2017 2/2

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of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, District Patna in connection with Bihta P.S. case No.156 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Narendra/-

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U T

Dinesh Kumar v. State Of Bihar and Anr.

Case brief

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Dinesh Kumar v. State Of Bihar and Anr.

Case brief

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