Patna High CourtCR. MISC./19457/2017bail granted

Ganesh Pandit v. State Of Bihar And ANR

2017-09-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19457 of 2017 Arising Out of PS.Case No. -1298 Year- 2014 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================

1. Ganesh Pandit, S/o Sri Ram Pratap Pandit, R/o Village Manshahi Nawada, P.O.- Manika, P.S.- Mushahari Distt- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi, wife of Ganesh Pandit, R/o Village Manshahi Nawada, P.O.- Manika, P.S.- Mushahari Distt- Muzaffarpur. at present Daughter of Kapil Pandit, R/o Village Balfadrapur, P.S.- Kalyanpur, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State. None appears on behalf of the O.P.No.2, The petitioner apprehends his arrest in connection with Complaint Case No.1298 of 2014 registered under Sections 323, 379, 384, 498A, 344, 506 of the I.P.C. and 3⁄4 of D.P.Act. Accusation is of torturing the complainant, O.P.no.2 due to non-fulfillment of demand of dowry on the pretext of giving bribe for obtaining service of her husband and removing her from matrimonial house after snatching her all belongings. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner who is the husband of the

Patna High Court Cr.Misc. No.19457 of 2017 (4) dt.04-09-2017 2/2 complainant O.P.No.2 had filed matrimonial case being Matrimonial Case No.197/14 under Section 9 of the Hindu Marriage Act on 5.6.2014 for restitution of conjugal life. Thereafter the complainant O.P.No.2 filed the present complaint case. He further submits that the petitioner is still ready to keep the complainant O.P.No.2 as his wife with full dignity and honour but she is not ready to live with him.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M.,Samastipur, in connection with Complaint Case No.1298 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U