Patna High CourtCR. MISC./1057/2017bail granted

Surendra Modi v. State Of Bihar And ANR

2017-02-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1057 of 2017 Arising Out of PS.Case No. -29 Year- 2016 Thana -MAHILA PS District- JAMUI ====================================================== Surendra Modi, Son of Dashrath Modi, resident of Village- Naya Bazar, Gandhi tola, Lakhisarai, Police Station+District- Lakhisarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Prem Sudha Devi, Wife of Surendra Modi, D/o Kedar Modi at Present R/o- Sangath, Police station+District- Jamui. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rabi Bhushan, Advocate. For the State : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 22.10.2016 in connection with Jamui Mahila P.S. Case No. 29 of 2016 for the offences instituted under Sections 323, 341, 498(A), 379 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the informant was married with this petitioner on 02.05.2015. After marriage, this petitioner and his family members started assaulting the informant and demanding one motorcycle and cash Rs. 50,000/ as dowry. On 10.04.2016, this petitioner and his mother went to the parents' house of the informant and assaulted, abused and took her ornaments, clothes and demanded one motorcycle otherwise the

Patna High Court Cr.Misc. No.1057 of 2017 (2) dt.20-02-2017 2/2 petitioner would marry another marriage. It is further alleged that the petitioner has illicit relationship with his sister-in-law(Bhabhi). It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.10.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent.

Learned counsel for the informant is also present. It has been submitted on behalf of learned counsels for the petitioner and the informant that they have mutually agreed to stay together.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned S.D.J.M., Jamui, in connection with Jamui Mahila P.S. Case No. 29 of 2016. The informant shall be present in the learned court below on the date of furnishing bail bond by the petitioner and the petitioner undertakes to take the informant alongwith him with all due respect and dignity.

U.K./- (Sudhir Singh, J) U T