Neeraj Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29732 of 2016 Arising Out of PS.Case No. -223 Year- 2016 Thana -KANTI District- MUZAFFARPUR ====================================================== Neeraj Kumar Pandey, son of Sri Pramod Pandey, resident of village Chintawanpur Adhwara, P.S. Sakra, District Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the parties.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under sections 498A, 504, 506/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and has filed Matrimonial Case No. 482/2015 in the court of Principal Judge, Family Court, Muzaffapur for restitution of conjugal rights. The petitioner is still ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph 17 of the petition. It is further submitted that similar
Patna High Court Cr.Misc. No.29732 of 2016 (2) dt.21-07-2016 stand was taken by the petitioner before the learned court below but the offer of the petitioner was not accepted by the informant, which gets reflected from the impugned order passed by the learned Sessions Judge, Muzaffarpur. The petitioner and his wife appeared before the court below but the informant-wife refused to live with the petitioner.
Considering the present stand of the petitioner, let the abovenamed 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 the S.D.J.M., West, Muzaffarpur in Kanti P.S. Case No. 223/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Surendra/- U