Ramendar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19931 of 2015 Arising Out of PS.Case No. -279 Year- 2013 Thana -MANER District- PATNA ======================================================

1. Ramendar Rai Son of Ram Swaroop Rai, residing at village- Jamira, P.S.- Mofashil Arrah, District- Bhojpur (Arrah) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Indu Devi, D/o On Prakash Rai, Resident of village- Sadikpur, P.S.- Maner, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,323,498A,406 and 379 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant but both sides have decided to part ways on payment of permanent alimony of Rs.1,75,000/-. Learned

Patna High Court Cr.Misc. No.19931 of 2015 (7) dt.29-09-2015 2/3 counsel for the petitioner is handing over the draft of Rs.1,00000/- bearing no.705417 dated 18.9.2015 drawn on the Punjab National Bank, Ara branch to the learned counsel for the informant. It is expected from the learned counsel for the informant to hand it over to the informant. It is further submitted that rest of the amount of Rs.75,000/- is agreed to be paid at the time of filing of application under section 13B of the Hindu Marriage Act before the learned Principal Judge, Family Court, Ara. A supplementary affidavit to that effect has been filed. Learned counsel for the informant does not controvert the aforesaid contention of learned counsel for the petitioner.

Let the learned counsel for the informant make endorsement of receipt of the draft of Rs.100000/-. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Danapur in connection with Maner

Patna High Court Cr.Misc. No.19931 of 2015 (7) dt.29-09-2015 3/3 P.S. Case No.279 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T