Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13183 of 2016 Arising Out of PS.Case No. -919 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Raju Sah S/o Late Ramji Sah, R/o Mohalla-Court Bazar, PS& District Sitamarhi .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of informant is languishing in custody since 02.02.2016 in a case registered for the offences punishable under sections 323, 337, 494, 498A/34 of the IPC and under section 3⁄4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner admits the marriage with the informant and is ready to keep the informant with full respect and dignity. Statement to that effect has been made in paragraph 8 of the petition which reads thus:- "8. That the petitioner is still ready to keep the informant with full respect and dignity in his house."

Patna High Court Cr.Misc. No.13183 of 2016 (2) dt.28-03-2016 2/2 It is further submitted that the petitioner has not performed second marriage. statement to that effect has been made in paragraph 7 of the petition which reads as follows:- "7. That the Section 494 IPC is being denied by the petitioner even before the learned Sessions Judge and the petitioner appeared before the court from custody as he was ready to keep her but it was the informant who evaded her appearance before the learned Sessions Judge as is apparent from the impugned order itself." Considering the aforesaid facts, 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 Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 919 of 2015. (Dinesh Kumar Singh, J) BKS/- U T