Awadhesh Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.12222 of 2017 (5) dt.01-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12222 of 2017 Arising Out of PS.Case No. -763 Year- 2009 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Awadhesh Rai, Son of Sagar Rai, resident of village Naini West Tola, P.S. Chapra (Muffasil), District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manju Kumari, Wife of Awadhesh Rai ,Daughter of Jatta Rai resident of village Jagdishpur, P.O. Sadhpur, P.S. Khaira, District Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 763 of 2009 registered under Sections 498A, 323 and 406 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove from her matrimonial house.

Learned counsel for the petitioner submits that after

Patna High Court Cr.Misc. No.12222 of 2017 (5) dt.01-08-2017 filing the present complaint case, complainant-opposite party no. 2 performed re-marriage with Sudarshan Rai, son of Yamuna Rai, resident of village Makinpur, P.S and P.O.- Garkha, District Saran, in 2016.

On the other hand, learned counsel for the opposite party no. 2 submits that the petitioner has also performed the remarriage with another lady and she wants to one time settlement. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Chapra, in connection with Complaint Case No. 763 of 2009, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T