Kaushal Kumar Jaiswal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10876 of 2015 Arising Out of PS.Case No. -1010 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Kaushal Kumar Jaiswal son of Late Vijay Shankar Prasad Jaiswal, resident of Shobhaganj, Ward no. 37, P.S.- Sasaram Nagar, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ragini Kumari Jaiswal, wife of Kaushal Kumar Jaiswal, at present resident of Village- Nuaon, P.S.- Nuaon, District- Kaimur (Bhabhua) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gaurav Govind For the Opposite Party/s : Mr. B.N.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-08-2015 It appears from the office note dated 26.08.2015 that opposite party no. 2 refused to receive the notice, hence, it is treated deemed service.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the

Patna High Court Cr.Misc. No.10876 of 2015 (3) dt.27-08-2015 2/2 informant with full dignity and honour, though, statement to that effect has not been made in the petition. Notices were issued to opposite party no. 2- informant vide order dated 24.04.2015, but none is appearing on behalf of opposite party no. 2. Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram Nagar P.S. Case No. 1010 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The grant of bail to the petitioner will not preclude the informant to resume conjugal life. If she files such an application then the petitioner will be obliged to comply the undertaking given before this Court.

(Dinesh Kumar Singh, J) DKS/- U T