Patna High CourtCR. MISC./30487/2016bail granted

Dayanand Yadav @ Sameer Kumar v. The State Of Bihar

2016-07-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30487 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -MAHILA THANA District- BEGUSARAI ====================================================== Dayanand Yadav @ Sameer Kumar S/o Garib Das Yadav Resident of village - Kaithma, P.S. Muffasil, District - Begusarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the parties.

The petitioner being the husband of the informant is languishing in custody since 17.5.2016 in a case registered for the offences punishable under sections 323, 498A, 307, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demands and making assault to the informant. It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant. The petitioner is ready to keep the informant with full dignity and honour and has filed Matrimonial Suit No. 96/2015 before the Principal Judge, Begusarai for restitution of conjugal rights. Statement to that effect has been made in paragraph 5 of the petition, which reads as follows:

Patna High Court Cr.Misc. No.30487 of 2016 (2) dt.26-07-2016 "That it is submitted that petitioner is ready to keep the victim girl with honour and dignity and petitioner has filed a restitution case before Principal Judge, Begusarai vide Restitution Case No. 96/2015."

It is further submitted that no injury has been caused to the informant, as a result final report has been submitted under section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Statement to that effect has been made in paragraph 6 of the petition.

Considering the aforesaid facts, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Begusarai in Mahila P.S.Case No. 47/2015.

(Dinesh Kumar Singh, J) Surendra/- U