Santosh Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.27567 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27567 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Santosh Kumar Son of Late Arjun Mahto, a resident of of Tikiya Toli , Chai Tola , Police Station-- Sultanganj, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nirmala Devi Wife of Santosh Kumar R/o - Village- Tajpur, Nisurpur, P.S.- Didarganj, District- Patna.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code registered in connection with Complaint Case No. 128 of 2014.

3. It is submitted that the petitioner was married to the complainant in the year 2005 and this is the first such complaint of its nature in almost a decade. Even according to the complaint, the amount demanded by the petitioner was not by way of dowry rather for construction of house. Be that as it may, he offers to deposit an amount of Rs. 1,000/- per month regularly for the benefit of opposite party no. 2.

4. Learned counsel for the complainant appears and has been heard.

Patna High Court Cr.Misc. No.27567 of 2015 (2) dt.27-07-2015

5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City, in connection with Complaint Case No. 128 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. with additional condition that the petitioner will deposit a sum of Rs. 1,000/- per month regularly before the learned Court below which shall be available for withdrawal by opposite party no. 2 and upon failure to deposit any two consecutive instalments, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Md. Ibrarul/- U T