Manish Kumar Sah @ Manish Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10723 of 2015 Arising Out of PS.Case No. -759 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Manish Kumar Sah @ Manish Kumar Son of Jagdish Prasad Sah, R/o Village - Muraitha, P.S. - Jalley, District - Darbhanga, at present residinga t Khasra No. 23/2/24, Bhai Bhai Road, E- Block, Kutub Bihar, Phase - 1 Goyala Diary (Near) Najafgarh, New Delhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rashmi Rawat Sah D/o Dr. Shrawan Kumar Ratut, R/o B-2, Ani Villa, Nageshwar Colony, Parmanand Path, P.S. - Budha Colony, District - Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 17-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. The petitioner and the complainant are present in

Patna High Court Cr.Misc. No.10723 of 2015 (5) dt.17-07-2015 2/2 the Court.

The marriage between the petitioner and the complainant having no issue is admitted fact. Both petitioner and the complainant jointly submit that both are residing together.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Patna in connection with Complaint Case No. 759C of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below if a joint petition is filed to the effect that they are residing together.

(Dinesh Kumar Singh, J) DKS/- U T