Birbahadur Pandey v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8637 of 2019 Arising Out of PS. Case No.-37 Year-2015 Thana- MAHILA PS District- East Champaran ====================================================== Birbahadur Pandey, Son of Nagi Pandey Resident of Village-Gaus Nagar, Bhawanipur, P.O.- Thikaha, Bhawanipur, P.S.-Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Geeta Devi, Wife of Birbahadur Pandey Resident of Village-Kaswa Mehsi, P.S.- Mehsi, Disttrict- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 37 of 2015, registered under Sections 341, 323, 406, 506 and 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The accusation is of torturing the informantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dory and removing from her matrimonial house.

Learned counsel for the petitioner submits that petitioner is the husband of the informant-opposite party no. 2

Patna High Court CR. MISC. No.8637 of 2019(5) dt.01-07-2019 2/2 and he is ready to keep his wife-opposite party no.2 along with children with full dignity and honour. Moreover, in spite of receiving the notice, informant-opposite party no. 2 has not appeared before this Court.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, -14, East Champaran at Motihari, in connection with Mahila P.S. Case No. 37 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T