Patna High CourtCR. MISC./1925/2016bail granted

Raj Kumar Jaiswal v. State Of Bihar And ANR

2016-08-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1925 of 2016 Arising Out of PS.Case No. -2868 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Raj Kumar Jaiswal son of Ram Pravesh Jaiswal, resident of villageParanti, P.S.- Gaighat, District-Muzaffarpur At present Chakniratul Chaufatka, P.S.- Rakuldawad, District- Allahabad (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sheela Kumari wife of Raj Kumar Jaiswal presently living in the house of her father Late Mohan Chaudhary at Village-Bandra Chandauli, P.S.-Pear, District-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand and performing second marriage. It is submitted by learned counsel for the petitioner that both sides have decided to part ways on payment of one time settlement amount of Rs. 1,15,000/- which has already been paid to the complainant. Learned counsel for the complainant Mr.

Patna High Court Cr.Misc. No.1925 of 2016 (4) dt.01-08-2016 2/2 Sudhir Kumar Singh (AOR No. 02116) does not controvert the contention of the counsel for the petitioner and submits that complainant is not opposing the prayer for bail of the petitioner.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, East, Muzaffarpur in connection with Complaint Case No. 2868 of 2013, Trial No. 2005 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T