Ajay Jaiswal @ Chhotan Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43585 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Ajay Jaiswal @ Chhotan Jaiswal Son of Ishwar Sah .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2016 The matter has been listed under the heading for "For Orders (On Office Notes) due to non-appearance of opposite party no.2 in spite of valid service of notice. But, on call, learned counsel for the petitioner submits that the petitioner has come along with the informant, hence, the matter is taken up for "Admission". Though, none is appearing on behalf of the informant.
Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of dowry demand.
Patna High Court Cr.Misc. No.43585 of 2015 (4) dt.08-03-2016 2/2 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and the petitioner has come with the informant before this Court as both are residing together.
Though, none is appearing on behalf of opposite party no.2 but counsel for the petitioner identifies the informant to be the wife of the petitioner, who admits that she is residing with the petitioner.
Considering the present stand of the parties, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Kaimur at Bhabhua in connection with Bhabhua Mahila P.S. Case No.40/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T