Jitendra Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49806 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================
1. Jitendra Ram Son of Mohan Ram Resident of Village - Morath, P.S. - Kurhani, District - Kaimur (Bhabhua).
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi D/o- Suresh Ram Resident of Village - Morath, P.S. - Kurhani, District - Kaimur (Bhabhua) at present Resident of Village - Chilhar, P.S. - Itadhi, District - Buxar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Md. Ansural Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of
Patna High Court Cr.Misc. No.49806 of 2015 (2) dt.29-10-2015 the dowry demand.
It is submitted by the learned counsel for the petitioner that petitioner admits the marriage with the complainant and ready to keep the complainant as wife with due dignity and honour. Similar was the stand of the petitioner before the learned court below, which was not accepted by the complainant. The petitioner is ready to pay Rs.1,500/- per month from December, 2015 to the complainant by depositing the same in her account by second week of every month. Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Buxar in connection with Complaint Case No. 168C of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. The petitioner undertakes to supply a copy of the order to the complainant within a period of three weeks when it is expected from the complainant to submit the bank account number by filing the same on affidavit before the learned court below within a period of three weeks. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings.
Patna High Court Cr.Misc. No.49806 of 2015 (2) dt.29-10-2015 Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.
(Dinesh Kumar Singh, J) P.K./- U T