Raju Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14913 of 2016 Arising Out of PS.Case No. -2723 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Raju Ram, S/o Hira Ram, resident of village- Mahdaiya, P.S.- Meenapur, District- Muzaffarpur .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar No. 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner has filed Matrimonial Suit No. 384 of 2013 with a prayer for divorce and thereafter the present complaint has been filed. It is further submitted that now a petition has been filed in the Matrimonial Suit

Patna High Court Cr.Misc. No.14913 of 2016 (3) dt.16-08-2016 No. 384 of 2013 under Section 13B of the Hindu Marriage Act as both side decided to part ways.

Petitioner and complainant are present.

Learned counsel for the complainant Mr. Shiv Prasad Gupta having A.O.R. No. 04430 does not controvert the contention of the learned counsel for the petitioner and submitted that he is not opposing the prayer for bail of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, East Muzaffarpur in connection with Complaint Case No. 2723 of 2013, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T