Ajay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22073 of 2015 Arising Out of PS.Case No. -681 Year- 2014 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Ajay Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfilment of the dowry demand.

It is submitted by learned Senior Counsel for the petitioner that the petitioner filed Matrimonial Suit No. 135A of 2014 for divorce wherein learned 3rd Addl. Principal Judge, Family Court, Chhatisgarh ordered for payment of maintenance amount of `3,500/- per month and the maintenance amount was accepted by the complainant.

Patna High Court Cr.Misc. No.22073 of 2015 (2) dt.13-05-2015 2/2 It is submitted by learned counsel for the complainant that the complainant is still ready to resume the conjugal life. Considering the filing of the matrimonial suit prior in time and acceptance of maintenance amount by the complainant awarded by the court, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger in connection with Complaint Case No. 681C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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