Manoj Kumar Badhai v. The State Of Bihar

Patna High Court Cr.Misc. No.40094 of 2014 (2) dt.22-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40094 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Manoj Kumar Badhai Son of Umesh Badhai Resident of Village - Kusmi, Police Station - Salkhua, District - Saharsa .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Bijay Kumar Singh, Advocate. For the State : Mr. S.Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Saharsa Case No. 04 of 2014, registered under Sections 498A and 34 of the Indian Penal Code as well as 3/4 of Dowry Prohibition Act.

There is allegation of demand and subjecting to cruelty and the victim was driven out from her matrimonial home on 20.11.2013. The victim is living with her son on her Naihar i.e. her father's house.

Learned counsel for the petitioner submits petitioner is ready to keep the victim with due dignity and honour Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of the order in the court below shall be released on interim bail for four months on furnishing bail bonds of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.40094 of 2014 (2) dt.22-04-2015 Chief Judicial Magistrate, Saharsa, in connection with Mahila P.S. Saharsa Case No. 04 of 2014, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition, after one month release of the petitioner, the petitioner shall appear in trial court and trial court shall call the victim and if the victim is willing to go with the petitioner then petitioner shall take her and keep her with due dignity and honour and on being satisfaction after four months, the trial court shall confirm the bail bond of the petitioner. Further condition that if for any reason, the victim is not ready to go with the petitioner, the petitioner shall pay Rs. 2000/- per month till any maintenance is fixed by the competent court.

m.p.

(Gopal Prasad, J) U T