Ravindra Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31517 of 2015 Arising Out of PS.Case No. -547 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Ravindra Yadav son of Deo Nandan Yadav, resident of villageBageshwari, P.S. Sirdala, Dist.- Nawada .... .... Petitioner
Versus
1. State of Bihar
2. Sarita Devi D/o Ganesh Mahto, resident of village- Chamar Bigha, P.S. Rajauli, Dist. Nawada .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Gauri Shankar Prasad, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioner that earlier the petitioner filed Matrimonial Case No. 44 of 2013 for restitution of conjugal rights on 05.03.2013 and thereafter the present complaint has been filed on 22.04.2013 by the
Patna High Court Cr.Misc. No.31517 of 2015 (2) dt.03-08-2015 2/2 complainant but in spite of service of notice she did not appear in the matrimonial case. It is further stated in Paragraph-IV of the grounds that the complainant has performed second marriage with one Dinesh Yadav.
Considering the nature of accusation and filing of matrimonial case at earlier point of time, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 547 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J.) Vats/- U T