Nawal Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47453 of 2019 Arising Out of PS. Case No.-340 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== Nawal Baitha, Son of Nathuni Baitha, Resident of Village - Bhediyahi Rampur, P.S.- Chiraiya, Distt - East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Savita Devi, D/o Rajdev Baitha, Resident of Village - Ruphara, P.S.- Shikarganj, Distt - East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Rashmi Jha, Advocate For the State :
Mr.Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, who is the husband, is apprehending his arrest in connection with Chiraiya P.S. Case No.340 of 2018 registered for the offence punishable under Sections 341, 323, 498A, 504, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Notices were earlier issued to O.P. No.2, who has received the same personally. However, there is no resistance to the present bail application nor has anybody appeared on her behalf.
Considering the aforementioned facts and
Patna High Court CR. MISC. No.47453 of 2019(5) dt.27-11-2019 2/2 circumstances and that the petitioner has stated that he has no grievance against his wife and undertakes to keep his wife with full dignity and honour, respect and comfort, safety and security, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released 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 Sub-Divisional Judicial Magistrate, Dhaka, East Champaran, in connection with Chiraiya P.S. Case No.340 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that if at all there is recurrence of any act of mental torture, it shall be open to the opposite party No.2 to take appropriate legal recourse.
(Anjana Mishra, J) PNM U T