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Patna High CourtCR. MISC./25051/2019bail granted

Ravindra Singh v. The State Of Bihar

2019-08-02Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25051 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RAVINDRA SINGH Son of Surendara Singh Resident of Village- Madhubani Purbari Tola, P.S.- Chiraiya, District- East Champaran Motihari. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shila Devi Wife of Rabindra Singh, D/o- Harinrayan Singh Resident of Village- Ashram Madhubani, P.S.- Chiraiya, District- East Champaran Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2019 The petitioner apprehends his arrest in connection with Complaint Case No. C-104/2018 registered under Section 498A/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Allegation against the petitioner, as per complaint, is that marriage of the complainant was soleminised with the petitioner on 30.04.2001 and after some time of marriage, petitioner as well as his family members started demanding motorcycle as dowry and due to non-fulfillment of the said demand, petitioner and other accused persons used to torture her mentally and physically. It has further been alleged that on 14.01.2017, petitioner and others assaulted the complainant and ousted from

Patna High Court CR. MISC. No.25051 of 2019(4) dt.02-08-2019 2/3 her matrimonial home.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that in para-9 of this application, petitioner has categorically stated that he is ready to keep his wife with all respect and dignity and has never tortured the complainant.

Notice was issued to O.P.No. 2 by this Court, but it appears that despite service of notice, O.P.No. 2 did not appear before this Court.

After having heard learned counsel for the petitioner and learned counsel for the State and taking into consideration the fact that petitioner is ready to keep his wife i.e., O.P.No. 2 but O.P.No. 2 chose not to appear before this Court and the allegation is omnibus and general in nature, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Dhaka at Motihari in connection with Trial No. 3354 of 2018

Patna High Court CR. MISC. No.25051 of 2019(4) dt.02-08-2019 3/3 arising out of Complaint Case No. C-104 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T