Barun Sharma @ Barun Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40550 of 2015 Arising Out of PS.Case No. -3902 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Barun Sharma @ Barun Kumar Sharma Son of Ram Prasad Sharma, Resident of Village - Sapaha Dayalpur, P.S. - Rajapakar (Baranti O.P.), District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Meena Devi, Wife of Baraun Kumar Sharma, D/o Chandeshwar sharma, resident of village - Gadai Sarai, P.S. - Hajipur (Sadar), District - Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner admits the marriage with the complainant and has filed Matrimonial Case No. 07 of 2014 for

Patna High Court Cr.Misc. No.40550 of 2015 (2) dt.28-08-2015 restitution of conjugal life. The complainant has also filed Maintenance Case No. 27 of 2014, in pursuance of the which the learned Principal Judge, Family Court, Vaishali at Hajipur ordered the petitioner to make payment of Rs.3,000/- per month to the complainant and petitioner is making such payment.

Considering the fact that the petitioner is making payment of Rs. 3,000/- per month to the complainant, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. C1-3902 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. The bail bond of the petitioner shall be confirmed by the learned court below after verification of the fact that the petitioner is making payment.

(Dinesh Kumar Singh, J) P.K./- U T