Akhauri Deepak Kumar Sinha @ Akhouri Deepak Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34649 of 2019 Arising Out of PS. Case No.-178 Year-2017 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Akhauri Deepak Kumar Sinha @ Akhouri Deepak Sinha, male, aged about 52 years, Son of Late Awadhesh Kumar Sinha Permanent Resident of Village - Churanmanpur, P.S.- Buxar Industrial, District- Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rinki Devi Wife of Akhauri Deepak Kumar Sinha @ Akhouri Deepak Sinha Resident of Village - Churanmanpur, P.S.- Buxar Industrial, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parijat Saurav For the Opposite Party/s :
Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 506, 423, 498A, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Petitioner is the husband of the informant. The allegation against the petitioner is that due to non-fulfilment of demand of dowry, the informant was tortured.
The contention of the petitioner is that the petitioner is already paying maintenance of Rs.2,000/- per month to the
Patna High Court CR. MISC. No.34649 of 2019(2) dt.28-05-2019 2/2 informant. It is further submitted that the petitioner has filed one Divorce Case No. 1645 of 2017 before the learned Family Court at Jaipur for decree of divorce, which is going on. The present case has been filed only after divorce case which has been filed in the year 2017 and is still pending for adjudication before Family Court at Jaipur.
Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/successor Court in connection with Buxar (Industrial Area) P.S. Case No. 178 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Prabhat Kumar Singh, J) B.Kr./- U T