Dr. Shekhar Kumar Jaiswal And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52144 of 2015 Arising Out of PS.Case No. -769 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================
1. Dr. Shekhar Kumar Jaiswal
2. Jagdish Prasad Choudhary.
3. Shila Jaiswal.
4. Abhishek Jaiswal.
.... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Shankar Das For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband of the complainant and petitioner nos. 2 to 4 being the father, brother, and sister of petitioner no.1 apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioners that the petitioner no.1 admits his marriage with the complainant but the marriage between the petitioner no.1 and the complainant has
Patna High Court Cr.Misc. No.52144 of 2015 (2) dt.06-11-2015 2/2 been dissolved with mutual consent vide judgment dated 28.01.2014 passed by learned Principal Judge, Family Court, Patna in Matrimonial Suit No. 5375 of 2014. The said judgment has been brought on record as Annexure-2. Though, the complainant earlier also filed three cases also with similar accusation.
Considering the fact that the marriage has been dissolved between the petitioner no.1 and the complainant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Begusarai in connection with Complaint Case No. 769 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T