Patna High CourtCR. MISC./36403/2016bail granted

Baijnath Prasad v. State Of Bihar And ANR

2016-08-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36403 of 2016 Arising Out of PS.Case No. -1305 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Baijnath Prasad son of Late Krishna Yadav @ Late Krishna Gope Resident of Mohalla- Sakrigali, Gobar Toli, P.S.- Alamganj, P.O.- Gulzarbagh, District- Patna- 800007 .... Petitioner

Versus

1. The State of Bihar

2. Pinki Devi wife of Baijnath Prasad, Daughter of Vishwanath Rai @ Vishwanath Prasad Resident of Mohalla- Righi Gali, P.S.- Alamganj, P.O.- Gulzarbagh, District- Patna- 800007 .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Devendera Pratap Singh, Adv. For the Opposite Parties : Mr. Nand Kumar, APP 154 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-08-2016 Heard the learned counsel for the petitioner and the counsel for the State.

The petitioner, being the husband of the complainant is in custody since 18.12.2015 in a case registered under Sections 323 and 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand.

The learned counsel for the petitioner submits that the petitioner is still ready to keep the wife with full dignity and honour. The petitioner also filed Matrimonial Case No. 713 of 2013 for the restitution of conjugal rites. It appears from the impugned order that the complaint petition declined to accept the offer of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of

Patna High Court Cr.Misc. No.36403 of 2016 (2) dt.23-08-2016 the like amount each in connection with Complaint Case No. 1305 of 2013 to the satisfaction of the Subdivisional Judicial Magistrate, Patna City.

(Dinesh Kumar Singh, J) SA/- U √ T √