Shiv Niranjan Jyoti @ Shivranjan Jyoti v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.23842 of 2017 (7) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23842 of 2017 Arising Out of PS.Case No. -539 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Shiv Niranjan Jyoti @ Shivranjan Jyoti, Son of Shiv Charan Sah, Resident of Village/ Mohalla- Co-operative Bazar, Srinagar, P.S.- K.Nagar, DistrictPurnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nibha Devi, Wife of Shivranjan Jyoti and Daughter of Late Dayanand Sah, Resident of Village- Patgena Palasi, P.O.- Patgena, P.S.- Tarabari, District- Araria.

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State, but none appears on behalf of the opposite party no.2, while notice has been received by her mother. The petitioner apprehends his arrest in connection with Complaint Case No. 539C of 2016, registered under Section 498A of the Indian Penal Code.

The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dory and also to remove from her matrimonial house.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.23842 of 2017 (7) dt.15-11-2017 the complainant-opposite party no. 2, wife of petitioner is more educated then the petitioner due to that reason she does not want to live with the petitioner, while the petitioner is ready to keep his wife-opposite party no. 2 with full dignity and honour. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Araria, in connection with Complaint Case No. 539C of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T