Prakash v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33799 of 2014 Arising Out of PS.Case No. -221 Year- 2013 Thana -MASRAKH District- SARAN ====================================================== Prakash .... .... Petitioner.

Versus

1. The State of Bihar.

2. Rashmi Singh.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Chandra Shekhar Singh, Advocate. For the State : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2015 Heard learned counsels for the petitioner, complainant and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 504, 506, 498(A) of the Indian Penal Code, 3⁄4 of the D.P. Act and 67 of the I. T. Act. The basic accusation is of torture for nonfulfillment of dowry demand and getting mobile conversation of the informant recorded and her snap through her mobile was taken.

It is submitted by learned counsel for the petitioner that the complaint was filed on

Patna High Court Cr.Misc. No.33799 of 2014 (2) dt.19-02-2015 2 / 3 25.09.2013 which came to be registered as police case on 01.11.2013 whereas Matrimonial Suit No. 338 of 2013 was filed on 30.09.2013 by the informant. Consequently, the marriage has been dissolved between the parties vide judgment and decree dated 23.12.2014 passed by the learned Principal Judge, Family Court, Saran at Chapra, certified copy of the judgment is being produced before this Court, let it be kept on record.

It is submitted by learned counsel for the petitioner that the marriage was dissolved at the behest of the informant and the petitioner is ready to face trial.

It is submitted by learned counsel for the informant that the petitioner actually tortured the victim and her family members and considering the same the decree of divorce has been passed.

Considering the fact that marriage has been dissolved between the parties, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Masrakh P.S. Case No. 221 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.33799 of 2014 (2) dt.19-02-2015 3 / 3 satisfaction of the learned C.J.M. Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T