Nirmal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23925 of 2019 Arising Out of PS. Case No.-923 Year-2014 Thana- COMPLAINT CASE District- Banka ====================================================== NIRMAL PANDIT Son of Bhrigu Pandit Resident of Village - Jharudih, P.S.- Belhar, Distt.- Banka.

... ... Petitioner.

Versus

1.

The State of Bihar.

2.

Radha Devi D/o Damodar Pandit Resident of Village - Ranga Bajar Tola, Kamra Bandh, and P.S.- Belhar, Distt.- Banka. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 A of the Indian Penal Code.

Petitioner who happens to be husband of the complainant is said to have tormented the complainant over dowry demand and finally drove her out of her marital house in association of his family members.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner has

Patna High Court CR. MISC. No.23925 of 2019(3) dt.18-07-2019 2/2 neither made any dowry demand nor subjected the informant to any cruelty nor drove her out of the marital house. As a matter of fact, the complainant left the house of the petitioner suo motu. Petitioner is ready to keep the complainant with him with full honour and dignity. He is on provisional bail granted by this Court vide order dated 17.04.2019.

The opposite party no.2 (complainant) did not turn up before the Court despite service of notice. Having regard to the facts and circumstances of the case, the provisional bail granted to the petitioner is hereby confirmed. However, in case of failure of the petitioner to take the complainant and to keep her with him on venting readiness by her before the learned Court below, the learned Court below shall be at liberty to cancel the bail bond of the petitioner. Accordingly, this application stands disposed of. (Prakash Chandra Jaiswal, J) Trivedi/- U T