Bangali Saw v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7186 of 2015 Arising Out of PS.Case No. -167 Year- 2014 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Bangali Saw S/O Late Bhola Saw Resident of village- Katrisarai, P.S.- Katrisarai, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi D/o Tulsi Saw R/o Mohalla - Samachak, P.S.- Barbigha, Dist - Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is the husband of the complainant. Learned counsel for the petitioner submits that after 28 years of marriage, the complainant filed this complaint case making allegation of demand of dowry. The case of the petitioner is that his wife left the house of the petitioner and started living with someone else. She also got children from her second marriage. On the other hand, learned counsel for the complainant submits that the complainant is ready to live with her husband. She got three children from her husband, the petitioner.

Patna High Court Cr.Misc. No.7186 of 2015 (2) dt.20-02-2015 2/2 The children are 20, 16 and 12 years of age.

On consideration of the fact that the complainant has filed this complaint case after 28 years of her marriage, it appears that the complaint petition is lodged not on account of demand of dowry but on account of some other family dispute. Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.R. Ranjan, Judicial Magistrate, 1st Class, Sheikhpura, in Complaint Case No. 167(C)/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T