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Patna High CourtCR. MISC./62823/2018bail granted

Sanjay Kumar Baitha v. State Of Bihar And ANR

2019-01-31Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62823 of 2018 Arising Out of PS. Case No.-47 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sanjay Kumar Baitha, Son of Lal Babu Ram, resident of Village- Tendua Dusadhi, Police Station- Dehri-on- Sone, District- Rohtas. ... ... Petitioner

Versus

1. State Of Bihar

2. Puja Devi, Wife of Sanjay Kumar Baitha, Daughter of Late Ramji Ram, resident of Village- Tendua Dusadhi, Police Station- Dehri-on- Sone, DistrictRohtas. At present resident of Village- Padariya, P.S. Bikramganj, DistrictRohtas. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel appearing for the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. 47 of 2017, registered under Section 498(A) of the Indian Penal Code.

The allegation of complainant/informant is that on 03.05.2015, she performed marriage with the petitioner and after the marriage, she went to her matrimonial house with the petitioner, where she was kept properly for few days, but after fifteen days, her husband (petitioner) and his other family members started to demand motorcycle, in dowry, and asked

Patna High Court Cr.Misc. No.62823 of 2018(3) dt.31-01-2019 2/3 her to inform the matter to her parents to provide the same, on which she replied that her parents are not able to fulfill the above stated demand. Further allegation of complainant is that her husband Sanjay Kumar Baitha (Petitioner) is in the habit of taking liquor and used to come in house in drunken state and he used to abuse and assault her by fist and slaps. On protest, the other family members of the petitioner used to lock her in the room and stopped to prove meal. Lastly, on 28.05.2015, she was removed from her matrimonial house after snatching her personal belongings.

Learned counsel for the petitioner submits that petitioner is a labourer and his status is not to maintain motorcycle and after marriage, the complainant/informant seeing the poverty of the petitioner, does not want to live with him and only to harass the petitioner, the present complaint case has been lodged.

Learned counsel appearing for the complainant submits that complainant/informant does not want to live with the petitioner due to his cruel behaviour.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court Cr.Misc. No.62823 of 2018(3) dt.31-01-2019 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Bikramganj, Rohtas in connection with Complaint case No. 47 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T