Baijnath Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45617 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -MAHILA P.S. District- SARAN ====================================================== Baijnath Sah .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the father of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 354 and 323/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand. It is alleged against the petitioner that he tried to outrage the modesty of the informant.
It is submitted by learned counsel for the petitioner that the issue has been settled between the parties and the informant has filed a petition before the learned court below for withdrawal of the prosecution case.
Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for four
Patna High Court Cr.Misc. No.45617 of 2015 (2) dt.28-09-2015 2/2 months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Mahila P.S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant and if the informant admits that the issue has been settled between the parties then the provisional bail of the petitioner will be confirmed by the learned court below. (Dinesh Kumar Singh, J) Amrendra/- U T