Patna High CourtCR. MISC./54185/2015bail granted

Dev Kumar v. The State Of Bihar

2016-07-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54185 of 2015 Arising Out of PS.Case No. -224 Year- 2014 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Dev Kumar Son of Baijnath Sah Resident of Village- Lakhanpur Mandir, PS-Mashrakh, Dist.-Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bedami Devi W/o Dev Kumar Sah, D/o Kailash Sah, R/o village - Lakhanpur Mandir, P.S. Mashrak, District - Saran (Chapra). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 12-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 406 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant but the issue has been resolved between the parties and a joint compromise petition has been filed in Matrimonial Suit No. 153

Patna High Court Cr.Misc. No.54185 of 2015 (5) dt.12-07-2016 2/2 of 2014. It is submitted that both sides have decided to part ways. Compromise petition has been brought on record as Annexure-2.

Mr. Jitendra Singh, learned counsel for the informant submits that the informant is not denying the factum of compromise and is not opposing the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj in connection with Baikunthpur P.S. Case No. 224 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T