Patna High CourtCR. MISC./10057/2017bail granted

Kumodh Das @ Kumod Das v. State Of Bihar And ANR

2017-03-01Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10057 of 2017 Arising Out of PS.Case No. -2429 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Kumodh Das @ Kumod Das, S/o Ramprti Das, resident of villageMohadipur, P.S.-Sakara, District-Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. Soni Devi, D/o Bishwanth Das, resident of village-Raghunathpur, P.S.- Mushahari, District-Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks regular bail in connection with Trial No. 1643 of 2016 arising out of Complaint Case No. 2429 of 2012 registered for the offences punishable under Sections 323, 498(A) of the Indian Penal Code.

The petitioner was married with the complainant in the year 1996 and from the said wedlock he was blessed with two children who are aged about 10 years and 7 years. The petitioner and his family members subsequently started demanding Rs. one lakh as further dowry and on account of non fulfillment of demand, she was tortured and assaulted and lastly ousted from the matrimonial house on 10.01.2010.

Patna High Court Cr.Misc. No.10057 of 2017 (2) dt.01-03-2017 2/2 Learned counsel for the petitioner submits that he is willing to keep the complainant and his two children with full honour and dignity. He was earlier granted anticipatory bail by the court below considering the willingness of petitioner to settle the matter. The matter could not be settled on account of rigid attitude of the complainant. The petitioner is in custody since 13.01.2017, having no specific allegation of torture and assault.

Learned APP for the State, on the other hand, opposed the prayer of bail.

Considering the submission of the learned counsel for the petitioner as also the fact that the marriage took place for about 20 years ago, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Sub Divisional Judicial Magistrate (East), Muzaffarpur in connection with Trial No. 1643 of 2016 arising out of Complaint Case No. 2429 of 2012.

(Sanjay Kumar, J) ajaypd./- U T