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Patna High CourtCR. MISC./32415/2016bail granted

Mantu Singh v. The State Of Bihar

2016-08-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32415 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Mantu Singh, S/o Shriniwas Singh, resident of village- Chasi, Police Station- Narayanpur, District- Bhojpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and the informant.

The petitioner being the husband of the informant is languishing in custody since 18.05.2016 in a case registered for the offences punishable under Sections 498A, 379/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basis accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the informant. Though, there was no accusation in the First Information Report regarding performance of second marriage, but subsequently this accusation was levelled. The petitioner denied the second marriage. The petitioner is still ready to keep the informant as wife with full dignity and

Patna High Court Cr.Misc. No.32415 of 2016 (2) dt.02-08-2016 honour. Statement to that effect has been made in para- 12 of the petition which reads as follows:- "That, petitioner is still ready to keep his wife with full honour and dignity."

It is submitted by the learned counsel for the informant that petitioner was granted provisional anticipatory bail on the readiness of keeping the informant with full dignity and honour, but the petitioner failed to comply the undertaking. Moreover, the petitioner has performed second marriage.

Considering the nature of accusation, period under custody and the present stand of the petitioner, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Bhojpur Mahila P.S. Case No. 124 of 2015. (Dinesh Kumar Singh, J) P.K./- U T