Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8146 of 2020 Arising Out of PS. Case No.-1448 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Madan Prasad aged about 34, Gender Male, son of Prameshwar Prasad, Resident of Village Ramchandrapur, P.S. Mohammadpur, District Gopalganj. ... ... Petitioner

Versus

1. The State of Bihar

2. Mamta Devi aged about 31 years, Gender-female, wie of Madan Prasad, Resident of village Ramchandrapur, P.S. Mohammadpur, District Gopalganj. Presently residing at D/o Surendra Prasad, Village Barahima, P.S. Sidhwalia, District Gopalganj ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is the husband of the complainant, is apprehending arrest in connection with Complaint Case No. 1448 of 2019 for offences under Section 498A of the Indian Penal Code.

The allegation against the petitioner is that he has tortured opposite party no. 2 for non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and marriage between the petitioner and opposite party no. 2 took place in the year 2009. The petitioner is ready to keep his wife (opposite party no. 2)

Patna High Court CR. MISC. No.8146 of 2020(2) dt.03-03-2020 2/2 with full honour and dignity.

Considering the aforesaid and in order to restore normalcy in conjugal life between the petitioner and opposite party no.2, this Court is inclined to grant bail to the petitioner. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-1, Gopalganj in connection with Complaint Case No.1448 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. In the event the petitioner neglects, misbehaves or torture the complainant (opposite party no. 2), the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T