Binod Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75247 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== Binod Sahni S/o Jitlal Sahni R/o Village- Bharara, P.S. Karja, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2018 Heard both sides.
Petitioner seeks bail in Karja P.S. Case No.156 of 2018, registered under Sections 498(A), 315 and 494 of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act.
The petitioner is the husband of the complainant. The present case was lodged on the basis of the complaint filed by the complainant. The complainant alleged that the petitioner demanded additional dowry immediately after marriage and on account of non-fulfillment of demand of dowry, the petitioner subjected his wife to physical and mental torture. On account of physical torture, the complainant got miscarriage of three months pregnancy.
Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.75247 of 2018(2) dt.17-12-2018 2/2 petitioner never demanded any dowry. There is no medical certificate to support the allegation of miscarriage. Petitioner is still ready to keep his wife and on account of petty dispute between the husband and wife, petitioner is rotting in jail for more than 31⁄2 months.
Considering the facts that the petitioner being husband of the complainant is in jail for more than 31⁄2 months and ready to keep his wife, petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 2nd, (West), Muzaffarpur in connection with Karja P.S. Case No.156 of 2018. (Prabhat Kumar Jha, J) S.KUMAR/- U T