Satendra Prasad @ Satendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38724 of 2019 Arising Out of PS. Case No.-1292 Year-2017 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== SATENDRA PRASAD @ SATENDRA BHAGAT Son of Lal Babu Prasad Resident of Village - Salona, P.S.- Varauli, Dist.- Gopalganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Laljhri Devi W/o Satendra Prasad @ Satendra Bhagat, Resident of Village - Salona, P.O. Sonbarsa, P.S.- Barauli, Dist.- Gopalganj, At Present Address D/o Late Motilal Prasad Resident of Village - Chainpur, P.W.- Mustpha Bad, P.S.- Goriya Kothi, Dist.- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Madhura Nand Jha For the Complainant : Mr. Ram Chandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1292 of 2017 instituted for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

As per complaint case petitioner happens to be husband of the complainant and there is allegation that he demanded Rs.1 lac and motorcycle and for that he tortured her and ousted her from the house.

Submission of learned counsel for the petitioner is that allegations are false and concocted and he is still ready to keep her with dignity and care and all the allegations are general and omnibus in nature and no specific allegation has been attributed against him.

Patna High Court CR. MISC. No.38724 of 2019(5) dt.26-11-2019 2/2 Heard learned APP and learned counsel for complainant, who has submitted that she is not ready to reside with the petitioner as she was subjected to torture and cruelty earlier. In view of above facts and circumstances, let petitioner, in the event of 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 Additional Chief Judicial Magistrate, Siwan, in connection with Complaint Case No. 1292 of 2017, 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 and further condition that if opposite party No.2 is ready to reside with the petitioner, he has to keep her with dignity and care and further he has to co-operate in disposal of complaint case and appear in the court as and when required, otherwise his bail bonds shall be cancelled.