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Patna High CourtCR. MISC./38817/2014rejected

Radha Bind v. The State Of Bihar And ORS

2015-07-02Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38817 of 2014 Arising Out of PS.Case No. -670 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Radha Bind Son of Rogi Bind, Resident of Village - Basnara, P.S - Chenari, Distt - Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Baban Bind Son of Late Budhu Bind

3. Bhagmano Devi D/o- Late Baban Bind Both R/o. Village - Khaira Khonch, P.S. Sheosagar, Distt - Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-07-2015 Heard the petitioner, State and opposite party no. 2 and 3.

The petitioner, who happens to be the husband of opposite party no.3, apprehends his arrest in a complaint case registered under section 498A IPC and section 4 of the Dowry Prohibition Act on the allegation that he tortured his wife for dowry.

The petitioner submits that only within two months of marriage, opposite party no.3 filed the complaint case. However, he is willing to keep her with care and affection. Opposite party no.3 submits that the petitioner committed torture on her for non-fulfillment of dowry, as such, she is not willing to stay with him.

Patna High Court Cr.Misc. No.38817 of 2014 (4) dt.02-07-2015 2/2 In the circumstances, the court disposes of the anticipatory bail petition with observation that the petitioner should surrender and seek regular bail in Complaint case no. 670 of 2012 which would be disposed of by the Sub Divisional Judicial Magistrate, Sasaram, Rohtas on its own merit preferably on the same day without prejudice. (Samarendra Pratap Singh, J) Shashi.

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