Patna High CourtCR. MISC./17611/2015bail granted

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

2015-09-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17611 of 2015 Arising Out of PS.Case No. -339 Year- 2014 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Manish Kumar Sah @ Manish Sah Son of Butan Sah resident of village - Santhi, Police Station - Raghunathpur, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Veena Devi Wife of Manish Kumar Sah @ Manish Sah, D/o Triloki Sah At Present Resident of village - Gangpur Siswan, Police Station - Siswan, District - Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 21-09-2015 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 323, 498A, 406/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. Counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.17611 of 2015 (3) dt.21-09-2015 2/2 petitioner admits his marriage with the complainant but both sides have settled the issue and have decided to part ways. Petition to that effect has been filed before the learned SDJM, Siwan on 18.08.2015.

Mr. Rajesh Kumar, learned counsel appearing for the complainant admits that the issue has been settled between the parties, hence, he is not opposing the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his 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 Sub-divisional Judicial Magistrate, Siwan in connection with Complaint Case No. 339 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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