Sushil Roy v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11425 of 2016 Arising Out of PS.Case No. -1760 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Sushil Roy Son of Kameshwar Roy resident of Mohalla - Jaiprakash Nagar, Infront of Harijan Hostel, Katira, Ara, P.S. Ara Nawada, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nainsi Wife of Sushil Roy, Daughter of Madhusudan Singh resident of 357 Neharu Nagar, Near Gas Godown, Tulsi Path, P.S. Patiliputra, District - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-03-2016 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 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 complainant. The complainant has also filed Bhojpur Mahila P.S. Case No. 87 of 2015 with similar accusation. Thereafter the petitioner has filed Matrimonial Suit No. 51 of 2013 with a prayer for divorce. In the matrimonial suit the complainant has

Patna High Court Cr.Misc. No.11425 of 2016 (2) dt.09-03-2016 2/2 filed an application for grant of interim maintenance wherein the interim maintenance of Rs. 5000/- per month is being regularly paid by the petitioner to the complainant. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That the petitioner is regularly paying said awarded maintenance amount to the complainant every month"

Considering the filing of the matrimonial suit at earlier point of time and as submitted about regular payment of interim maintenance amount, 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, Patna in connection with Complaint Case No. 1760(C) of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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