Patna High CourtCR. MISC./46243/2014bail granted

Raj Narayan Singh v. State Of Bihar And ANR

2015-05-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46243 of 2014 Arising Out of Complaint .Case No. -567 Year- 2011 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Raj Narayan Singh, son of Bhujawna Singh, resident of village Kushiyari, P.S.- Chakmchsi, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pramila Kumari, d/o- Ram Charitra Singh, r/o- village Karanpur Tole, Kakarachak, P.S.- Bochaha, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Prakash Poddar For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2015 Heard Mr. Poddar for the petitioner and learned APP for the State.

The petitioner is facing prosecution punishable under Sections 498A and 323 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act arising out of Complaint Case No. 567 of 2011.

It is stated that 16 years after the marriage, the allegation has been levelled that the petitioner demanded dowry and on account of non-fulfillment thereof, she was tortured. It is stated that the petitioner is always ready and willing to resolve the matrimonial discord with his wife and live with him peacefully as husband and wife.

In the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the

Patna High Court Cr.Misc. No.46243 of 2014 (3) dt.20-05-2015 2/2 petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., East, Muzaffarpur in Complaint Case No. 567 of 2011 (Tr. No. 1509 of 2014) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T