Patna High CourtCR. MISC./46165/2016bail granted

Narmendra Lathor @ Motaka v. State Of Bihar And ANR

2016-10-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46165 of 2016 Arising Out of PS.Case No. -461 Year- 2013 Thana -SIWAN COMPLAINT CASE District- SIWAN ====================================================== Narmendra Lathor @ Motaka, S/o Brahma Lathaur, R/o village- Dhamaaur, P.S.- Mairwa, District- Siwan .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2016 Learned counsel for the petitioner is permitted to make correction in paragraphs- 1 and 6 of the petition during course of the day.

Heard learned counsel for the petitioner and the State.

The petitioner is languishing in custody since 26.08.2016 in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 406, 498A of the Indian Penal Code.

The basic accusation is of torture. The complainant claims to have performed marriage with the petitioner on 07.08.2012, thereafter torture was inflicted for non-fulfillment of dowry demand and she was driven out from the matrimonial house.

It is submitted by the learned counsel for

Patna High Court Cr.Misc. No.46165 of 2016 (2) dt.25-10-2016 the petitioner that petitioner denies the factum of marriage. The complainant was married to one Bihari Lathaur and thereafter in order to extort money she started claiming to have been married with the petitioner.

Considering the nature of accusation and the factum of marriage being in dispute, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Complaint Case No. 461 of 2013.

(Dinesh Kumar Singh, J) P.K./- U T