Shyam Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72159 of 2018 Arising Out of PS. Case No.-196 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== Shyam Thakur, son of Krishna Deo Thakur, resident of village-Chainpur Chiutaha, P.S. Paroo, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. Seema Devi, wife of Shyam Thakur, resident of village-Chainpur Chiutaha, P.S. Paroo, District-Muzaffarpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Singh For the Opposite Party/s :
Smt. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-06-2019 Let the 2nd supplementary affidavit filed on behalf of the petitioner be kept on the record.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Paroo P.S. Case No.196 of 2018 registered under Sections 341, 323, 325 and 307 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.
The accusation is that after the marriage, due to non fulfillment of the demand of cash Rs.50,000/- and a Hero Honda Motorcycle in dowry, the opposite party no.2 was being tortured by her husband (petitioner) and other in-laws. While
Patna High Court CR. MISC. No.72159 of 2018(10) dt.17-06-2019 2/3 the opposite party no.2, earlier, had lodged the case in this regard but due to pressure of the villagers, the said case was compromised. Ultimately, the opposite party no.2, who has two female children, namely, Gyan Kumari, aged about 12 years, and Nisi Kumari, aged about 5 years, was ousted from the matrimonial house.
Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the opposite party no.2 and with an ulterior motive, the opposite party no.2 has lodged the present case. While the notice as issued to the opposite party no.2 was received by her brother but the opposite party no.2 has chosen not to appear before this Court and the petitioner is still ready to keep the opposite party no.2 with full honour and dignity along with her children.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Parro P.S. Case No.196 of 2018, subject to the conditions laid down under
Patna High Court CR. MISC. No.72159 of 2018(10) dt.17-06-2019 3/3 Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T