Som Nath Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 24590 of 2016 Arising out of P.S. Case No. - 77 Year - 2014 Thana - MUNGER COMPLAINT CASE District - MUNGER ====================================================== Som Nath Sah, Son of Late Ram Lal Sah, Resident of Village Avasthi Ghat, Danapur, P.S. Danapur, Distt. Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Tanuja Devi @ Tanuja Kumari, D/o Kamal Kishore Prasad, R/o Moh.- Gandhi Chowk, P.S. - Kotwali, Dist. - Munger .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Santosh Kumar Singh, Advocate For the Opposite Parties : Mr. Arun Kr. Singh 5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant. There is allegation of demand of dowry and torture for the same. It appears that the petitioner and other accused persons had moved this Court for quashing of the criminal prosecution in Cr. Misc. No. 36790 of 2014 and by order dated 09.10.2014, this Court had directed the petitioner to deposit Rs.750/- per month in the court below within fifteen days from the

Patna High Court Cr.Misc. No.24590 of 2016 (8) dt.02-02-2017 2/2 date of receipt of a copy of this order.

Initially, the petitioner did not deposit the aforesaid amount. However, today, the petitioner has produced two bank drafts of total Rs.21,000/- in the name of the complainant which the complainant receives in the Court.

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 thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger/Successor Court in connection with Complaint Case No. 77(C) of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The complainant has provided her saving bank account number to the petitioner so that the petitioner may deposit the aforesaid amount in her account itself every month.

Kundan (Birendra Kumar, J) U T