Raja Babu v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.22591 of 2015 (2) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22591 of 2015 Arising Out of PS.Case No. -2321 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Raja Babu Son of Paras Rai Resident of Village- Hanumannagar, P.s Gaighat, dist- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .

2. Mandavi Kumari D/o Chandeshwar Singh Resident of villageChandpura, P.s Gaighat, Dist- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint case no. 2321/2014 in which cognizance for the offence punishable under section 498A of the Indian Penal Code and 3/ 4 of the D.P. Act has been taken.

Complainant states in her complaint petition that petitioner is her husband and they solemnized their love marriage in a temple but when she went to house of her husband, her in-laws made illegal demand and subsequently, she was ousted from her matrimonial home.

Learned counsel for the petitioner submits that the petitioner has filed a case for declaration of so-called marriage as nullity and moreover, even if the story of complainant assumed to be true, then

Patna High Court Cr.Misc. No.22591 of 2015 (2) dt.07-07-2015 also, the allegations of illegal demand and torturing center around against family members of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri A.

K.

Dixit, Judicial Magistrate, Ist Class, Muzaffarpur/concerned court in Complaint case no. 2321/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T