Ajay Rai @ Ajay Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79419 of 2018 Arising Out of PS. Case No.-247 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== AJAY RAI @ AJAY KUMAR RAI Son of Rajendra Rai @ Shailendra Rai resident of village Dumar, Police Station Falka, District Katihar ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Juli Devi Daughter of Raju Mandal Resident of village Milki Goshala Police Station Naugachia District Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 This application, for grant of anticipatory bail, arises out of C-247/2016, disclosing offences under Sections 498(A) of the Indian Penal Code.

Petitioner happens to be husband of the complainant and allegation against him is of cruelty and torture to the complainant in connection with demand of dowry. Submission of learned counsel for the petitioner is that he is still ready to keep the complainant with himself with full honour and dignity as a wife but opposite party no. 2 is not ready to live with the petitioner.

Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has

Patna High Court CR. MISC. No.79419 of 2018(3) dt.05-03-2019 2/2 submitted that the complainant is not ready to live with the petitioner, as earlier also, she was taken by the petitioner and, thereafter, she was subjected to assault and was ousted from the house.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Naugachia, Bhagalpur, in connection with C-247/2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is further subject to the condition that petitioner shall cooperate in disposal of divorce case and maintenance case, if any, filed or to be filed by the complainant, otherwise, the complainant will be at liberty to move for cancellation of bail bonds of the petitioner. (Vinod Kumar Sinha, J) sunilkumar/- U T