Aman Prakash Srivastava @ Jyoti @ Jayati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38516 of 2016 Arising Out of PS.Case No. -240 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ======================================================
1. AMAN PRAKASH SRIVASTAVA @ JYOTI @ JAYATI Son of rajendra Prasad Srivastav Resident of Village- baruhi, P.S.Sahar, DistrictBhojpur, at Present Anand Nagar, Moti Jhil, P.S. Ara Town, DistrictBhojpur , .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 Heard learned counsels for the petitioner and the State.
The petitioner being husband of the informant is languishing in custody since 13.7.2016 in a case registered under Sections 498A and 307/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands and making attempt to administer poison to the informant.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the
Patna High Court Cr.Misc. No.38516 of 2016 (2) dt.02-09-2016 2/3 informant. The date of occurrence is 5.5.2016 whereas the FIR was registered on 16.5.2016. The petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph 6 of the petition which reads as follows:
" That the petitioner is husband of victim lady and always ready to keep wife with full honour and dignity but due to some familiar dispute there is some differences between parties."
Learned counsel for the informant submits that there is specific accusation of administering poison. The case diary was called for in the anticipatory bail application of the co accused. At present the informant is not ready to reside with the petitioner.
Considering the nature of accusation and the present stand of the petitioner as stated in paragraph 6 of the petition, let the above named petitioner 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 learned S.D.J.M., Bhojpur at Ara in connection with Mahila P.S. Case No. 240 of 2016. If the informant files any such application
Patna High Court Cr.Misc. No.38516 of 2016 (2) dt.02-09-2016 3/3 before the learned court below expressing her willingness to resume the conjugal life then the petitioner will be obliged to comply the undertaking given before this court. (Dinesh Kumar Singh, J) Anil/- U T