Patna High CourtCR. MISC./48209/2014bail granted

Arun Das v. The State Of Bihar

2015-03-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48209 of 2014 Arising Out of PS.Case No. -424 Year- 2013 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Arun Das, son of Rohini Das resident of village- Lal Saraiya, P.S.- Majhaulia, District- West Champaran (Bettiah) .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shanti Pratap For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-03-2015 Heard Mr. Mukherjee for the petitioner and Mr. Dayal, learned APP for the State.

The husband of the victim seeks bail in a case instituted under Section 498A of the Indian Penal Code. As per the prosecution case, the marriage is solemnized in the year 2011 whereafter there was demand of dowry made by the husband and the in-laws. They made an attempt to inflict injury on her. She left the matrimonial home and thereafter lodged the present case. Contention of the petitioner is that earlier also, informant has lodged a complaint case with similar allegation in which the petitioner has been released on bail by this Court. Prior to the lodging of the present case, the petitioner had also filed a complaint in the Court vide Annexure-2 alleging therein that the

Patna High Court Cr.Misc. No.48209 of 2014 (2) dt.03-03-2015 in-laws were not permitting the wife to leave the naihar and reside with the husband. The petitioner is in custody since 20.6.2014. Considering the facts and circumstances of the case, this Court directs release of the petitioner abovenamed on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 424 of 2013 subject to the following two conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) 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 bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. (Kishore Kumar Mandal, J) Pankaj/- U T