Anil Pandit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.841 of 2015 ====================================================== Anil Pandit .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhaw Prasad Yadaw For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2015 Heard learned counsels for the petitioner, complainant and the State.

The petitioner being husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 498A of the Indian Penal Code.

The basic accusation is of torture for non fulfillment of dowry demands.

It is submitted by learned counsel for the petitioner that Matrimonial Suit No. 81 of 2012 has been filed for divorce prior to the filing of the present complaint and the petitioner is paying maintenance of Rs.1000/- per month to the complainant. More over, the complainant appeared before the learned court below and refused to stay with the petitioner though the petitioner is ready to

Patna High Court Cr.Misc. No.841 of 2015 (2) dt.09-01-2015 2/2 keep the complainant as wife with full dignity and honour. Considering the fact that matrimonial suit was filed prior to the filing of the present complaint, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned S.D.J.M., Gopalganj in connection with Complaint Case No. 2405 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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