Patna High CourtCR. MISC./10774/2015bail granted

Binod Ram v. State Of Bihar And ANR

2015-07-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10774 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Binod Ram S/o Kailash Ram R/o - Bangali Pakari, P.S. - Siwan Muffasil, Dist. - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babli Devi D/o Sri Chunni Lal Ram R/o Village - Tadwa, P.S. - Siwan Muffasil, District - Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Madhurilata (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 341, 323 and 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The petitioner is the husband of the victim. The petitioner entered into marriage with opposite party no.2 and after marriage ceremony the petitioner and other family members started demanding colour T.V. and motor-cycle. So much so they forced her to leave the house. The informant-complainant approached to the Panchayat and a

Patna High Court Cr.Misc. No.10774 of 2015 (3) dt.30-07-2015 Panchayati was called and after that she started living with the petitioner. Thereafter the story was again repeated and ultimately she was compelled to leave the in-laws house on 8.10.2013. This Court has issued notice to opposite party no.2 but she has not chosen to appear in participating the proceeding.

Looking to the facts and circumstances of the case and also looking to the facts that opposite party no.2 is not participating the proceeding, in the event of arrest or surrender within four weeks from today, let petitioner, Binod Ram, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Siwan in connection with Mahila P.S. Case No.94 of 2014, arising out Complaint Case No.540 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal procedure.

(Shivaji Pandey, J) Vinay/- U T