Abhay Pandey @ Abhay Kumar Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2890 of 2015 Arising Out of PS.Case No. -832 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Abhay Pandey @ Abhay Kumar Pandey Son of Late Ram Vinay Pandey Resident of Village : Mahuawa, P.S. : - Chiraiya, District : - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Shobha Pandey Daughter of Laxuman Singh Resident of Village : Mahuawa, P.S. : - Chiraiya, District : - East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Dr.Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.
The petitioner apprehends his arrest in Motihari Town P.S. Case No. 832 of 2014, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code.
The informant made allegation that she was married to the petitioner about six years ago in a Gayatri temple, but after marriage her husband began to demand dowry and subjected her to physical and mental torture.
It is submitted that the first husband of the informant died and thereafter the informant married with the petitioner. The
Patna High Court Cr.Misc. No.2890 of 2015 (2) dt.21-01-2015 allegation is false and concocted. The informant has filed a petition for compromise Annexure-2 and she also filed a case of divorce.
Considering the facts aforesaid and the fact that the informant herself wanted to give divorce from the petitioner and that is why she resorted to criminal proceeding, 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P.S. Case No. 832 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T