Patna High CourtCR. MISC./42750/2016bail granted

Dharmendra Das v. State Of Bihar And ANR

2016-09-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42750 of 2016 Arising Out of PS.Case No. -1152 Year- 2009 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Dharmendra Das S/o Late Doman Das Resident of village - Paibigha, P.S. Belaganj, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranju Devi D/o Mahesh Das resident of village - Nerthua, P.S. Kako, District - Jehanabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is languishing in custody since 30.7.2016 in a complaint case in which process has been directed to be issued after cognizance being taken under Sections 498A/34 of the Indian Penal Code. The basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep her with full dignity and honour. Statement to that effect has been made in paragraph 7 of the petition which reads as follows: "That the petitioner is husband of the complainant and

Patna High Court Cr.Misc. No.42750 of 2016 (2) dt.29-09-2016 2/2 he is ready to keep the complainant with honour and dignity." There is nothing on record to suggest that there is any progress in trial after arrest of the petitioner. Considering the nature of accusation and the present stand of the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Jehanabad in connection with Complaint Case No. 1152 of 2009.

Since the complaint was filed in 2009 and the petitioner was arrested on 30.7.2016, the learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on two consecutive occasions.

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