Vinod Urao @ Vinod Uraon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31882 of 2021 Arising Out of PS. Case No.-185 Year-2011 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== VINOD URAO @ VINOD URAON S/o Late Dhupai Uraon R/o villageRampur, Valmikinagar Road, P.S.- Laukariya, Distt.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mahenti Devi W/o Vinod Uraon @ Vinod Uraon, D/o- Rasul Uraon, R/o village- Padarkhap, Champatola, P.S.- Laukariya, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Sahay, Mr. Vijay Kr Singh No. 1, Advocates.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Tr. No. 2547/2019 arising out of Complaint Case No. 185-C/2011 registered for the offence punishable under Section 323 and 498A of the IPC.
The allegation, as per Complaint Case, is that marriage of the petitioner was solemnized with the Opposite Party No.2 in the year 2007 but after one month of the marriage, the petitioner and his family members started demanding one motorcycle and cash of Rs. 50,000/- as dowry and due to non fulfillment of the demand of dowry, petitioner and his family
Patna High Court CR. MISC. No.31882 of 2021(2) dt.14-12-2021 2/3 members started torturing OP No.2 physically and mentally. Learned counsel for the petitioner submits that the cognizance was taken by the learned Magistrate on 30.01.2012, however, there was compromise between the parties for dissolution of the marriage with mutual consent and both the parties i.e., petitioner and OP No.2 have solemnized their second marriage. Learned counsel further submits that the petitioner has mutually settled his case with the OP No.2 and since both the parties have solemnize their second marriage, he could not attend the proceedings pending before the learned Magistrate in Complaint Case No. 185-C/2011 and the warrant being issued by the learned court below, the petitioner was taken into custody on 24.11.2020 and since then he is in jail. Learned counsel next submits that the petitioner undertakes to be present physically before the court below in connection with Complaint Case No. 185-C/2011 on each and every date.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is husband and is in custody since 24.11.2020 and petitioner undertakes to appear before the learned court below regularly, I am inclined to grant regular bail to the
Patna High Court CR. MISC. No.31882 of 2021(2) dt.14-12-2021 3/3 petitioner subject to the conditions that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
Accordingly, let the petitioner, VINOD URAO @ VINOD URAON be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri. P.K. Sharma, learned Judicial Magistrate, 1st Class, Bagaha, District, West Champaran in Arwal in connection with Tr. No. 2547/2019 arising out of Complaint Case No. 185-C/2011.
(Anil Kumar Sinha, J) perwez U T