Patna High CourtCR. MISC./3610/2016bail granted

Yogendra Tiwary @ Vidhayak v. State Of Bihar And ANR

2016-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3610 of 2016 Arising Out of PS.Case No. -1452 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Yogendra Tiwary @ Vidhayak S/o Tukar Tiwari @ Jai Bahadur Tiwary resident of Village + P.S.- Koran Sarai, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Indu Devi Wife of Yogendra Tiwary @ Vidhayak, D/o Sri Shivjee Ojha, resident of Village- Mahila, PS.- Itarhi, District- Buxar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the complainant concealed her first marriage with Saroj Kumar Dubey who has filed Matrimonial Suit No. 191 of 2011 for

Patna High Court Cr.Misc. No.3610 of 2016 (2) dt.22-01-2016 2/2 the restitution of conjugal rights. It is further submitted that the complaint does not reflect anything about the first marriage of the complainant with Saroj Kumar Dubey.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned SDJM, Buxar in connection with Complaint Case No. 1452C of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T