Patna High CourtCR. MISC./49959/2015bail granted

Birendra Kumar Paswan @ Birendra Paswan v. State Of Bihar And ANR

2015-10-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49959 of 2015 Arising Out of PS.Case No. -511 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Birendra Kumar Paswan @ Birendra Paswan .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-10-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfilment of the dowry demand.

It is submitted by learned counsel for the petitioner that the marriage between the petitioner and the complainant on 25.02.2010 is admitted. The petitioner filed Matrimonial Suit No. 32 of 2015 with a prayer for divorce on 16.02.2015 wherein notices were issued and thereafter the present complaint was filed on 07.04.2015.

Patna High Court Cr.Misc. No.49959 of 2015 (2) dt.30-10-2015 2/2 Considering the nature of accusation and the fact that the matrimonial suit was filed at earlier point of time, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Darbhanga in connection with C.R. Case No. 511 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T