Jay Ram Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9298 of 2019 Arising Out of PS. Case No.-149 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== JAY RAM PATHAK Son of Kanhaiya Pathak Resident of Village-Janeyadih, P.S.- Charpokhari Dist-Bhojpur (Ara) ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bhojpur (Ara) Mahila P.S. Case No. 149 of 2018, registered for the offences punishable under Sections 498A,34 of the Indian Penal Code and Section 3/ 4 of Dowry Prohibition Act.

This case is under Section 498A of the I.P.C. with an allegation of demand of Rs.50,000/- and one motorcycle for which complainant / informant subjecting to torture. Submission of the learned counsel for the petitioner is that petitioner happens to be the husband. The whole allegation is false and concocted. Now the Opposite No.2 is residing with him and he is ready to keep her with full dignity and care. Notice in this case issued to O.P. No. 2 but in spite of service of notice she has not appeared before the Court.

Patna High Court CR. MISC. No.9298 of 2019(6) dt.02-09-2019 2/2 Heard both sides. In view of the facts as stated above, this application is disposed of with a direction to the petitioner to surrender before the lower Court within a period of two weeks from the date of receipt of order and by that date O.P. No.2 will also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, then he will be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned S.D.J.M. Bhojpur (Ara) in connection with Bhojpur (Ara) Mahila P.S. Case No. 149 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T