Allowed

Niku Kumar @ Niku Prasad v. State Of Bihar and Anr.

Patna HC23 Aug 2019CR. MISC./79685/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court granted anticipatory bail to the petitioner. The court noted the petitioner's willingness to maintain the marriage and the respondent-wife's failure to appear after being served notice with a view to negotiating a settlement.

What did the court decide?

Anticipatory bail granted for four weeks upon furnishing bond with two sureties, subject to conditions under Section 438(2) CrPC.

Niku Kumar @ Niku Prasad Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79685 of 2018

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Arising Out of PS. Case No.-590 Year-2018 Thana- BETTIAH CITY District- West Champaran

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

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Niku Kumar @ Niku Prasad S/o Shambhu Prasad Resident of mohalla-Bhola Babu Colony, Teen Lalten Chowk, P.S-Bettiah Town,Distt.-West Champaran.

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... ... Petitioner/s

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Versus

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State Of Bihar

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Rupa Devi W/o Niku Kumar @ Niku Prasad R/moh-Bhola Babu Colony,Teen Lalten Chowk,P.S-Bettiah Town,Distt-West Champaran.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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9 23-08-2019

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The petitioner apprehends his arrest in connection with Bettiah (T) P.S.Case No. 590 of 2018 registered under Sections 323, 324,341,494 and 498A of the Indian Penal Code .

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Allegation against the petitioner is that marriage of O.P.No. 2 was solemnised with the petitioner in the year 2013 and after some time, petitioner along with other family members used to pressurise O.P.No. 2 to get a piece of land registered in the name of the petitioner belonging to her brother. It has been alleged that due to non-fulfillment of demand, O.P.No. 2 was being tortured physically and mentally by the petitioner and other family members.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case based upon mala fide

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Patna High Court CR. MISC. No.79685 of 2018(9) dt.23-08-2019 2/2

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complaint inasmuch as out of the wedlock, two children have borne and petitioner is ready to keep O.P.No. 2 as his wife. Learned counsel further submits that this Court was p leased to is sue notice to O.P.No. 2 for negotiating settlement but it appears that despite service of notice, O.P.No. 2 chose not o appear.

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After having heard learned counsel for the parties and taking into consideration the fact that petitioner is ready to keep O.P.No. 2 as his wife with care and dignity and despite service of notice, O.P.No. 2 chose not to appear before the Court, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Bettiah (T) P.S.Case No. 590 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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sujit/- U T

Niku Kumar @ Niku Prasad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Niku Kumar @ Niku Prasad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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