Digambar Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.1758 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1758 of 2017 Arising Out of PS.Case No. -65 Year- 2014 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Digambar Sah, son of Shambhu Sah.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Neha Kumari, Wife of Digambar Sah.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with S.C. No. 863 of 2016 arising out of Gopalpur P.S. Case No. 65 of 2014 registered under Sections 323, 498-A and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torturing of daughter of informant by her husband and in laws due to non-fulfillment of demand of dowry and also causing injury through utensils. Learned counsel for the petitioner submits that due to misunderstanding the present case has been lodged while petitioner has also filed Matrimonial Case No. 73 of 2015 for restitution of conjugal right, which is pending in the court of

Patna High Court Cr.Misc. No.1758 of 2017 (2) dt.19-01-2017 Principal Judge, Family Court, West Champaran at Bettiah. It is further submitted that petitioner is in custody since 19.11.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with S.C. No. 863 of 2016 arising out of Gopalpur P.S. Case No. 65 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T