Birendra Pathak @ Birendra Kumar Pathak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49230 of 2014 Arising Out of PS.Case No. -165 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ======================================================
1. Birendra Pathak @ Birendra Kumar Pathak Son of Late Haridwar Resident of Village - Chandrapura, P.S.- Brahampur, in the district of Buxar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Anita Devi Wife of Ajit Pathak Presently residing in Mohalla Bihari Mill, Station Road, P.S. Ara, Nawada in the district of Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2015 Heard both sides.
Petitioner apprehends his arrest in Mahila P.S. Case No. 165 of 2014 registered under sections 498A, 376 and other sections of the Indian Penal Code.
The informant made allegation in the complaint petition that she was married to Ajit Pathak son of the petitioner on 08.02.2011 and thereafter the accused persons demanded dowry and subjected her to physical and mental torture. It is further alleged that she also gave birth to female child. She came to Ara where the accused persons assaulted her. Learned counsel for the petitioner submits that petitioner is the father-in-law of the informant. Prior to lodging of
Patna High Court Cr.Misc. No.49230 of 2014 (2) dt.08-04-2015 2/2 this case the husband of the informant filed matrimonial suit No. 457 of 2013 in the court of Ist A.D.J. at Serampore and the suit was decreed exparte. The marriage of Ajit Kumar Pathak was dissolved by a decree of divorce.
Considering the facts and the nature of allegation made in the complaint petition and the fact that the petitioner is father-in-law of the informant, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from today is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.S.J.M, Ara in Mahila P.S. Case No. 165 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) M.Rahman/- U T