Dhruv Narayan Bhagat v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17567 of 2017 (2) dt.03-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17567 of 2017 Arising Out of PS.Case No. -721 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dhruv Narayan Bhagat, Son of Raghunandan Bhagat, Resident of VillageBhopatpur, Bajhiya, Police Station- Kotwa, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prabhawati Devi, Wife of Dhruv Narayan Bhagat, Resident of VillageBhopatpur, Bajhiya, Police Station- Kotwa, District- East Champaran presently Residing as Daughter of Late Raghunath Mahto, Resident of Village- Barwat sena, Police Station- Bettiah Muffasil, District- West Champaran.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Complaint Case No. 721(C) of 2015, registered under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also remove from her matrimonial house.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.17567 of 2017 (2) dt.03-05-2017 petitioner, is the husband of the complainant-opposite party no. 2, and the marriage of the petitioner with the complainant-opposite party no. 2 was performed before 32 years but with ulterior motive the present case has been lodged with false allegation and he is in custody since 30.11.2016. Further submission is that on inquiry, summon has been issued against the petitioner, under section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 721(C) of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T