Ranjan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26825 of 2014 Arising Out of PS.Case No. -47 Year- 2009 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Ranjan Kumar son of Shri Bhagwan Kharwar Resident of village - Mundi - Tekari, Police Station - Mohania, District - Kaimur ( Bhabua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sapna Devi daughter of Ramdeo Kharwar resident of village - Dhanechchha, Police Station - Durgawati, District - Kaimur ( Bhabua ) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party/s : Mr. Pushpa Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-02-2015 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 accusation is of torture for non-fulfillment of the dowry demand.

Notices were issued to the complainant vide order dated 18.11.2014. In spite of valid service of notice none appears on behalf of the complainant.

Patna High Court Cr.Misc. No.26825 of 2014 (4) dt.02-02-2015 It is submitted by the learned counsel for the petitioner that the marriage is dissolved between the petitioner and the complainant vide judgment dated 30th July, 2010 passed in Matrimonial Case No. 79 of 2008 and the complainant has already performed second marriage. Considering the aforesaid facts, let the above named petitioner be released on anticipatory 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, Bhabua in connection with Complaint Case No. 47 of 2009, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

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