Pintu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38102 of 2019 Arising Out of PS. Case No.-1124 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PINTU SAH Son of Gambhir Sah Resident of Village-Kudarkaat, P.S.-Jitna, District-East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Devi W/o Pintu Sah D/o Lakshman Sah At present day Residing at village-Sirha Kothi, Katas Tola, P.S.-Pakdi Dayal, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C1124 of 2018, corresponding to Trial No. 2375 of 2018, instituted for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. As per complaint petition there is allegation of demand of Rs.1 lac and one motorcycle and for non-fulfilment of the same, complainant was subjected to cruelty and torture and ousted from the matrimonial house and petitioner happens to be husband of the complainant.

Submission of learned counsel for the petitioner is that the allegations are false and concocted and no specific

Patna High Court CR. MISC. No.38102 of 2019(4) dt.29-08-2019 2/2 allegation has been attributed against him and he is ready to keep her with dignity and care.

In this case notice was issued to opposite party No.2 and service report disclosed that she has received the notice personally but in spite of that none has appeared on behalf of opposite party No.2 nor she has appeared personally. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sadar, East Champaran, Motihari, in connection with Trial No. 2375 of 2018, arising out of Complaint Case No. 1124 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T