High Court Patna High Court - Orders

Binay Kumar @ Binay Prasad vs The State Of Bihar on 29 July, 2011

Patna High Court – Orders
Binay Kumar @ Binay Prasad vs The State Of Bihar on 29 July, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.25032 of 2011
                Binay Kumar @ Binay Prasad, Son of Lakshman Prasad, resident of Kazi
                Bazar, Maharajganj, P.S.-Maharajganj, District-Siwan.
                                        Versus
                                  The State of Bihar
                                       -----------

2. 29.07.2011 Heard learned counsel for the petitioner and learned

counsel appearing for the State.

The petitioner apprehends his arrest in a case registered for

the offence under Section 323, 498 A IPC and 3 & 4 of the Dowry

Prohibition Act.

It is submitted on behalf of the petitioner that prior to the

institution of present case the petitioner had already filed Divorce Suit

No. 111 of 2010 on 16.3.2010 in the court of Principal Judge, Chapra.

The complainant herself does not want to live with the petitioner and

she left her Sasural in the year 2006.

Learned counsel for the State opposes the prayer for grant

of bail.

Taking into consideration the nature of allegation and the

petitioner being husband of the complainant, let the petitioner, namely

Binay Kumar @ Binay Prasad in the event of his arrest or surrender

before the Court below within a period of four weeks from the date of

communication of this order, be released on bail on furnishing bail

bond of Rs. 5,000/- (Five thousand) with two sureties of the like

amount each to the satisfaction of Sub-Divisional Judicial Magistrate,

Chapra in connection with Complaint Case No. 1866 of 2010.

     Sanjeet/                                           (Ashwani Kumar Singh, J.)