Binod Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22650 of 2016 Arising Out of PS.Case No. -851 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Binod Choudhary S/o Upendra Choudhary Resident of Village- Matiyarba, PS Mansi, District Khagaria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bulbul Kumari W/o Binod Choudhary,D/o Naresh Sahani Resident of Village- Belaha, PS Mansi, District Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is languishing in custody since 30.3.2016 in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant. It is further submitted that the investigation has already concluded. It appears that the petitioner was granted provisional bail

Patna High Court Cr.Misc. No.22650 of 2016 (4) dt.25-07-2016 by a Co-ordinate Bench of this Court and the notices were issued to the complainant. The office note dated 18.7.2016 reflects that the notice was received by the learned counsel appearing on behalf of the complainant before the court below but none is appearing on behalf of the complainant.

Considering the nature of accusation and the fact that the investigation has already concluded, the provisional bail granted to the petitioner vide order dated 25.5.2016 is hereby confirmed. (Dinesh Kumar Singh, J) Surendra/- U