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Patna High CourtCR. MISC./21817/2019bail granted

Inder Das @ Indal Das v. The State Of Bihar

2020-01-07Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21817 of 2019 Arising Out of PS. Case No.-1810 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== INDER DAS @ INDAL DAS Son of Bishesar Das Resident of Village- Badi Mallikpur, P.S.- Jale, District- Darbhanga.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ragani Devi Wife of Inder Das @ Indal Das Resident of Badi Mallikpur, P.S.- Jale, District- Darbhanga, at present C/o Ram Narayan Das, resident of Village- Prayag Chak, P.S.- Aurai, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP For Complainant : Mr. Punam Srivastava, Adv. Mr. Pradeep Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2020 This application, for grant of anticipatory bail, arises out of Complaint Case No. C1810/2017, disclosing offences under Sections 498A of the Indian Penal Code. Petitioner happens to be husband of the complainant and allegation against him is of demand of dowry and on non fulfilment of the demand subjecting the complainant to torture and ousted her from the house.

It appears that after appearance of opposite party, the matter was referred to District Mediation Centre, Muzaffarpur, but from the report, it appears that the mediation between the parties, failed.

Patna High Court CR. MISC. No.21817 of 2019(6) dt.07-01-2020 2/3 Submission of learned counsel for the petitioner is that he is still ready to keep her with full honour and dignity rather complainant is not ready to live with the petitioner rather she is interested in one time settlement and the petitioner also refutes the allegation levelled by her that petitioner has solemnized second marriage and the opposite party no. 2 is herself is the second wife of the petitioner. Heard learned A.P.P. as well as learned counsel for the complainant. They have opposed the prayer for anticipatory bail and submitted that there are allegations of demand of dowry and torturing the complainant and petitioner also attempted to kill the complainant by sprinkling K-Oil and the petitioner has also solemnized marriage with another lady.

However, he could not produce any injury report with regard to the allegation that petitioner tried to kill her by sprinkling K-Oil on her Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.21817 of 2019(6) dt.07-01-2020 3/3 in connection with Complaint Case No. C1810/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T