Santosh Pathak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53920 of 2016 Arising Out of PS.Case No. -1250 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Santosh Pathak Son of Sri Bhagwat Pathak Resident of Mohalla Bara Bazar, Subhash Marg, near P.N.B. Barkagaon, P.S. Sadar, District Hazaribagh (Jharkhand) at present working at Singapore.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sarika Pathak wife of Santosh Pathak, D/o Nawal Kishor Trigunayat Presently residing at mohalla West Nootan Nagar, P.S. - Civil Lines, District - Gaya.

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1250 of 2014 registered under Section 498A of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of Demand of Dowry.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has committed no offence. It is also submitted that Matrimonial Suit bearing No. 70 of 2014 is also pending in between the parties for dissolution of

Patna High Court Cr.Misc. No.53920 of 2016 (3) dt.09-01-2017 2/2 the marriage.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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., Gaya in connection with Complaint Case No. 1250 of 2014, TR. No. 2699 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shail/- U T