Bharat Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12470 of 2020 Arising Out of PS. Case No.-65 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== Bharat Giri Son of late Ram Susil Giri Resident of Bellaour Mathiya, P.S.- Guthni, District - Siwan.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Rishu Devi D/o Ramaji Giri Resident of Village - Machagar Jagdish, P.S.- Hathua, District - Gopalganj.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Anuj Kumar, Advocate For the Opposite Party :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 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 informant, is apprehending arrest in connection with Hathua P.S. Case No. 65 of 2019 for offences under Sections 498A, 494 and 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. 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 on 14.02.2013.

Patna High Court CR. MISC. No.12470 of 2020(2) dt.06-03-2020 2/2 The petitioner is ready to keep his wife (opposite party no. 2) with full honour and dignity.

Considering the aforesaid and in order to promote normalcy in restoration of conjugal life between the petitioner and opposite party no.2, this Court is inclined to grant bail to him. 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. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Hathua P.S. Case No. 65 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 informant (opposite party no. 2), the court below shall be at liberty to cancel his bail bond.

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