Yogesh Chunari @ Jugesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29613 of 2014 Arising Out of PS.Case No. -2251 Year- 2010 Thana -BARSOI District- KATIHAR ======================================================
1. Yogesh Chunari @ Jugesh Kumar Son of Pandav Chunari Resident of Village - Katgarh Durgapur, P.S.- Pranpur, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ruma Devi Wife of Yogesh Chunari Daughter of Govindo Churani Resident of Village - Jalkuwar, P.S.- Barsoi, District - Katihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.
Notices were issued to the complainant vide order dated 13.1.2015 but in spite of valid service of notice, none appears for the O.P. No. 2.
It is submitted by learned counsel for the petitioner that the O.P. No. 2 has performed second marriage and that is the
Patna High Court Cr.Misc. No.29613 of 2014 (3) dt.18-03-2015 2/2 reason she has chosen not to appear in spite of service of notice she chose not to appear before learned Sessions Judge which gets reflected from the impugned order.
Considering the aforesaid facts, 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 S.D.J.M., Katihar in connection with Complaint Case No. 2251 of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T