Lalan Pandit @ Lalan Parit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22981 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalan Pandit @ Lalan Parit son of Ramanand Pandit @ Ramanand Parit, resident of Village- Kathaiya Bishunpura, Police Station- Nautan (Jagdishpur), District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sumanti Devi wife of Lalan Parit, daughter of Jai Narayan Parit, resident of Village- Kathaiya Bishunpura, Police Station- Nautan (Jagdishpur), District- West Champaran. at present residing at Pipra Pakari, Police Station- Bettiah Muffasil, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered 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-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant. The informant earlier also filed Complaint Case No. 2245C of 2013 wherein process was directed to be issued after cognizance being

Patna High Court Cr.Misc. No.22981 of 2016 (2) dt.23-05-2016 2/2 taken for the offence punishable under Section 498A of the IPC. In the complaint case, the petitioner was granted anticipatory bail by learned Sessions Judge vide order dated 02.06.2015 passed in ABP No. 9517 of 2015 on the basis of issue being reconciled between the parties when learned court below was at liberty to cancel the bail bonds of the petitioner if the complainant makes any complaint of torture but in spite of doing so, the present FIR has been lodged.

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 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 SDJM, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 04 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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