Manoj Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17482 of 2015 Arising Out of PS.Case No. -100 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Manoj Ram Son of Chhotan Ram, Resident of Village - Ghaghri, P.S. - Aurai, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bina Devi, Wife of Manoj Ram, Daughter of Late Kishori Ram, Resident of Village Garha, P.S. - Runisaidpur, District - Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 15-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 379 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The accusation is of torture for nonfulfillment of the dowry demand. On submission of learned counsel for the petitioner that opposite party no. 2 has performed second marriage, statement to that effect has been made in paragraph 7 of the petitioner, which reads as follows:- "That it is stated that the informant herself has left the matrimonial house and

Patna High Court Cr.Misc. No.17482 of 2015 (3) dt.15-09-2015 2/2 performed second marriage with other person namely Sonelal Ram, Son of Yogi Ram, Resident of village Khajuria, P.S. Dumra, District- Sitamarhi and she is living with Sonelal Ram as wife husband" and considering the above facts, notices were issued to opposite party no. 2 vide order dated 15.05.2015. The office note dated 14.09.2015 reflects that the ordinary process of notice could not be served since O.P. No. 2 was not located, but her mother suggests that she has performed marriage and residing somewhere else. Considering the above facts, 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 bonds of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Runnisaidpur P.S. Case No. 100 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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