Allowed

Nandu Kumar v. State Of Bihar and Anr.

Patna HC5 Nov 2018CR. MISC./67150/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, thereby preventing his arrest, for offences under Section 498A IPC and Section 4 of the Dowry Prohibition Act, subject to conditions and furnishing bail bonds within six weeks.

What did the court decide?

Anticipatory bail granted subject to conditions, bonds of Rs. 10,000 with two sureties, and surrender within six weeks.

Nandu Kumar Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.67150 of 2018

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Arising Out of PS.Case No. -417 Year- 2017 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS)

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====================================================== Nandu Kumar, Son of Bindeshwar Bind, Resident of Village- Tekari, P.S.Chenari, District- Rohtas.

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.... .... Petitioner

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Versus

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The State of Bihar.

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Geeta Devi, Wife of Nandu Kumar, D/o Ram Bilas Bind, Resident of Village- Tekari, P.O.- Barela, P.S.- Chenari, District- Rohtas, at present Village- Bishrampur, P.O.- Chotaki Chenari, P.S.- Sheosagar (Baddi), District- Rohtas.

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.... .... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr. Sada Nand Roy, Advocate. For the State : Mr. Ganesh Prasad Singh, A.P.P. For the O.P. No. 2 : M/S. Nachiketa Jha and Birendra Kumar, Advocates. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 05-11-2018 Heard learned counsel for the petitioner, learned

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A.P.P. for the State and learned counsel for the opposite party no.

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The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D. P. Act.

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The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

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It has been submitted by learned counsel for the

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Patna High Court Cr.Misc. No.67150 of 2018 (2) dt.05-11-2018

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petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 further relied upon the judgment of this Court in the case 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Rohtas at Sasaram, in connection with Complaint Case No. 417 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter

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Patna High Court Cr.Misc. No.67150 of 2018 (2) dt.05-11-2018

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to the District Mediation Centre for the purpose of reconciliation

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or one time settlement.

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U.K./- (Sudhir Singh, J) U T

Nandu Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

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Nandu Kumar v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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