Patna High CourtCR. MISC./18247/2015bail granted

Anil Manjhi v. State Of Bihar And ANR

2015-06-11Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 18247 of 2015 Arising Out of PS.Case No. -3441 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Anil Manjhi Son of Balchand Manjhi a resident of Village - Khorrampur, P.O. - Rampur, Police Station - Marhowrah, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gunja Devi Wife of Anil Manjhi, D/o - Awadhesh Manjhi at present a resident of East Hemnagar, P.S. - Chapra, Muffasil, District - Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 11-06-2015 The petitioner, who is husband, apprehends arrest in Complaint Case No 3441 of 2013 instituted under Section 498A of Indian Penal Code by his wife.

Learned counsel points out that the marriage had taken place in the year, 2007 and the complaint with regard to demand of dowry and torture is being filed in 2013. The true reason is stated in paragraph 9 of the application. The petitioner was away from home for over 14 months for earning his livelihood working in another State. On his return, he found his wife in advanced stage of pregnancy and within 10 days, she gave birth a child. When he threatened his wife, this case was lodged in retaliation.

Patna High Court Cr.Misc. No.18247 of 2015 (2) dt.11-06-2015 It is to conceal adultery that this case has been lodged. If what is being alleged by the petitioner is correct then it would be for the petitioner to ask the authorities and his wife to get DNA finger printing done of the child to ascertain the parentage.

Be that as it may, in the event of his arrest or surrender within four weeks from today, the petitioner abovenamed shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Saran at Chapra in Complaint Case No 3441 of 2013, Trial No 2246 of 2015 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Navaniti Prasad Singh, J) M.E.H./- U T