Chandeshwar Raut v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30080 of 2015 Arising Out of PS.Case No. -237 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Chandeshwar Raut, son of Ramdayal Raut, resident of village- Radhaur, P.S. Surshand, Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar,

2. Babita Devi, wife of Chandeshwar Raut, resident of village- Radhaur, P.S. Surshand, District- Sitamarhi.

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

For the Petitioner/s : Mr. Sarvan Kumar, Advocate. For the Opposite Party/s : Mr. Dr. Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is apprehending his arrest in connection with Complaint Case No. 237 of 2014 for the offences instituted under Sections 323 and 498(A) of the I.P.C. and 3⁄4 of the D. P. Act. Heard learned counsel for the petitioner and learned counsel for the State.

Prosecution case, in short, is that her marriage took place on 26.03.2012, in which her father spent rupees one lac cash and articles. After lapse of sometime all the accused persons started to demand Rs.1,00000/- as dowry and on non-fulfilment of the demand all the accused persons started to abuse the complainant and stopped to give foods properly. The torturing has been continuously going on and lastly on 10.05.2015 the accused persons have beaten the complainant and kicked out from her matrimonial house.

The accusation is of demand of dowry and on non-

Patna High Court Cr.Misc. No.30080 of 2015 (2) dt.29-07-2015 2/2 fulfilment of the same torture was inflicted by the accused. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is ready to keep the complainant but the same is not acceptable to her. It is further submitted that the petitioner is ready to deposit an amount of Rs. 1800/- per month in the court below which may be released in favour of the complainant. On behalf of the State it has been submitted that the petitioner is the husband.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 1800/- per month in the court below which shall be released in favour of the complainant and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 237 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri, District- Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Sudhir Singh, J.) Mkr./- U