Satya Narayan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3692 of 2015 Arising Out of PS.Case No. -68 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Satya Narayan Choudhary S/o Late Munsi Choudhary, R/o Ramdihara, P.S. Amjhor, District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Advocate. For the Opposite Party/s : Mr. Tarun Pd.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Learned counsel for the petitioner is permitted to make necessary corrections in para-1 of the application. Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 68 of 2013, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code.

The complainant alleged that she was married to the petitioner in the year 1974. She also gave birth to a female child in the year 2001, but her husband solemnized second marriage in the year 2007 and thereafter subjected her to physical and mental torture and drove her out from the house. Learned counsel for the petitioner submits that the petitioner solemnized second marriage with the consent of his first wife. The petitioner filed suit for restitution for conjugal rights in the year 2010 i.e. Matrimonial Case No. 164 of 2010 and after three years of the suit the first wife filed this

Patna High Court Cr.Misc. No.3692 of 2015 (2) dt.28-01-2015 complaint. It is further submitted that the petitioner is ready to pay Rs. 1000/- per month to his wife as maintenance.

Having considered the facts that after 36 years of marriage the complainant filed this complaint case making allegation of demand of dowry and torture and the petitioner is still ready to keep her and also ready to give her maintenance, 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, Dehri-on-Sone at Rohtas in connection with Complaint Case No. 68 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner shall pay Rs. 1000/- per month to his wife as has been undertaken by himself.

(Prabhat Kumar Jha, J.) KKSINHA/- U T