Ajit Poddar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78038 of 2018 Arising Out of PS. Case No.-132 Year-2013 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ajit Poddar S/o Suresh Poddar, R/o Khuti Gudam, P.S.- Dalasing Sarai Ward No. 11, Distt.- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nitu Devi D/o Kari Poddar, r/o Bin Bochhaha, P.S.- Mohiuddin Nagar, Distt.- Samastipur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Roy For the Opposite Party/s :
Mr.Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Complaint Case No. 132 of 2013, Tr. No.564 of 2018 registered for the offence punishable under Sections 498A and 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Complainant has alleged in her complaint petition that marriage of the complainant was solemnized with the petitioner in the year 2009 and thereafter she was being subjected to torture for non fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that allegation of demand of dowry, torture and second marriage is false. Petitioner
Patna High Court Cr.Misc. No.78038 of 2018(2) dt.08-01-2019 2/2 has got no criminal antecedent and is in custody since 16.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Dalsinghsarai, Samastipur, in connection with Complaint Case No. 132 of 2013, Tr. No.564 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U