Hari Narayan Karak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6271 of 2015 Arising Out of PS.Case No. -1301 Year- 2012 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================
1. Hari Narayan Karak son of Late Saryug Karak Resident of village/Mohalla - Bhat Chaura, P.S. Babubarhi, District - Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Vineeta Devi Wife of Hari Narayan Karak and daughter of Bhagwat Mahto Resident of village - Rajauli, P.S. Devdha, District - Madhubani .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-02-2015 Heard both sides.
The petitioner apprehends his arrest in T.R. No. 4592 of 2013, arising out of C.R. No. 1301 of 2012, registered for the offences punishable under Sections 323, 498(A) and 504 of the Indian Penal Code.
The wife has made allegation of demand of dowry and torture, but the learned counsel for the petitioner submits that prior to institution of this complaint case on 08.08.2012, the petitioner filed Divorce Suit No. 188 of 2012 seeking divorce. The wife appeared and filed petition for her maintenance pendentelite. The learned Principal Judge vide order dated 22.03.2014, directed the petitioner to pay a sum of Rs. 1000/- per month for maintenance of
Patna High Court Cr.Misc. No.6271 of 2015 (2) dt.16-02-2015 2/2 the complainant and her child.
Considering the facts aforesaid and the fact that the petitioner has already instituted a case for divorce and petitioner is giving maintenance pendentelite, the petitioner, in the event of his arrest or surrender before the 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 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Madhubani in connection with T.R. No. 4592 of 2013, arising out of C.R. No. 1301 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T