Tapan Kumar Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11100 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Tapan Kumar Das Son of Ajay Kumar Das Resident of Village- Sidhna , Police Station -Balrampur, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sudha Devi Daughter of Naepal Prasad Das Resident of VillageSidhna , Police Station -Balrampur, District Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. D.P.Tiwari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 307 of the Indian Penal Code and Section 3⁄4 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 disputes the factum of marriage, however the informant claims that she performed love marriage with the petitioner and the marriage was performed in a temple. Learned counsel for the petitioner claims that the priest of the temple denied the factum of marriage. The petitioner has also filed Matrimonial Suit No. 476 of 2015 for declaring the marriage void ab initio.

Patna High Court Cr.Misc. No.11100 of 2016 (4) dt.12-07-2016 2/2 Considering the fact that factum of marriage is in dispute, 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 provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Katihar in connection with Balrampur P.S. Case No. 139 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Learned Court below will consider all the relevant materials on record and if learned Court below prima facie comes to the conclusion that marriage was not performed between the petitioner and the informant then the provisional bail of the petitioner will be confirmed, but if learned Court below comes to the conclusion otherwise then petitioner will surrender and pray for regular bail.

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