Hiralal Pandit @ Hira Pandit v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3855 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- MUNGER COMPLAINT CASE DistrictMunger ====================================================== Hiralal Pandit @ Hira Pandit, son of Ganga Pandit, Resident of Asarganj Kumharpatti, P.S. Asarganj, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Priti Devi W/o Hiralal Pandit@ Hira Pandit Resident of Village- Noulakha, Safiyabad, P.S. Kasim Bazar, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sevak Choudhary, Advocate.

For the Opposite Party/s :

Ms. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.30C of 2018 registered under Sections 323, 498A and 494 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.

The accusation is that after marriage, while the opposite party no.2 was kept properly by her husband (petitioner) and other in-laws but, later on, the husband and in-laws of the opposite party no.2 started making demand of cash Rs.50000/- in dowry. While the parents of the opposite party no.2 tried to convince her sasural people but all went in vain. Ultimately, the opposite party no.2 was subjected to torture and ousted from her matrimonial house by her

Patna High Court CR. MISC. No.3855 of 2019(5) dt.07-05-2019 2/2 sasural people by snatching her personal belongings. The opposite party no.2 along with her five years daughter is residing at her 'Maika.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner, who is the husband of the opposite party no.2, is ready to keep his wife (opposite party no.2) but the opposite party no.2 is not ready to live with the petitioner. Further submission is that while the notice as issued to the opposite party no.2 under both processes has been validly served upon her but the opposite party no.2 chosen not to appear before this Court. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Munger, in connection with Complaint Case No.30C of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T