Swami Nath Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ======================================================
1. Swami Nath Pal Son of late Manbodh Pal resident of Village- Daya Chapra, Ps. Bairia, District Balia Presently resident at MohallaMaulabagh, P.s Ara (Town) District Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mojibur Rahman For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-10-2016 Heard learned counsels for the petitioner, informant and the State.
The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant but the petitioner has filed Matrimonial Suit No. 485 of 2015 on 10.07.2015 and Complaint Case No. 7273 of 2015 against the family members of the informant on 14.07.2015 and thereafter the present F.I.R was registered on 11.09.2015.
Patna High Court Cr.Misc. No.44 of 2016 (6) dt.03-10-2016 2/2 It is further submitted by learned counsel for the petitioner that informant has retracted from the initial version and has filed a compromise petition before learned Court below. The certified copy of the compromise petition has been produced. Let it be kept on the record.
Learned counsel for the informant does not controvert the contention of the counsel for the petitioner and hence, he is not opposing the prayer for bail of the petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 156 of 2015, G.R. No. 1350 of 2015. It is expected from the learned Court below to dispose of the proceeding pending before learned Court below in accordance with law in view of the present stand of the parties.
(Dinesh Kumar Singh, J) Shageer/- U T