Ajay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22919 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== AJAY THAKUR, Son of Satyan Narayan Thakur, Resident of Village - Near Bela Durga Mandir, Darbhanga, P.S.- Lalitnarayan Mithila University Campus, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi, Wife of Ajay Thakur, D/O- Ram Nandan Thakur, Resident of Village - Suki Musharniya, P.S.- Parihar, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mrs. Shahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2020 Heard learned counsel for the petitioner and the State as well as complainant.

The petitioner is apprehending his arrest in connection with Complaint Case No. C1- 154 of 2019 for the offence under Sections 498(A)/34 of the Indian Penal Code.

Allegation against the petitioner is that he tortured the complainant for non-fulfillment of dowry.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that the petitioner, as husband, is ready to discharge his matrimonial obligation. He refers to para 9 of the petition that the petitioner is ready to keep his wife with full honour and

Patna High Court CR. MISC. No.22919 of 2020(2) dt.01-10-2020 2/2 dignity.

Considering the aforesaid and in order to promote normalcy of conjugal life, the petitioner named above, in the event of arrest or surrender before the court below within one month from the date of communication of this order, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No. C1- 154 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the bailors should be the family members of the petitioner.

It is made clear that in future if the complainant informs the court below about the torture, misbehave by the petitioner or commission of any type of activity amounting to torture of the complainant, the Court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) uday/- U