Daya Ram Sahu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23194 of 2015 Arising Out of PS.Case No. -200 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Daya Ram Sahu S/o Ram Prasad Sahu Resident of Village Sajanpura, Police Station Bahera, District Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sushila Devi W/o Daya Ram @ Laxmi Narayan Sahu, D/o Banarsai Sahu Resident of Village Sajanpura, Police Station Bahera, District Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Pankaj Kumar Jha For the State : Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner/ and learned counsel for the State.

Petitioner is accused in connection with Complaint Case No. 200 of 2014/T.R. No. 751 of 2015 registered under Sections 323, 379, 498(A) of the I.P.C. and section 3⁄4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the marriage of the opposite party no.2 is not performed with this petitioner. The present case has been filed by the opposite party no.2 only to put undue pressure upon the petitioner. It is also submitted that opposite party no.2

Patna High Court Cr.Misc. No.23194 of 2015 (4) dt.01-10-2015 2/2 has also filed Maintenance Case bearing M.R. No. 31 of 2015 Reference No. 32 of 2015 in the Court of Principal Judge, Family Court, Darbhanga, as detailed in paragraph no.6, in which she has specifically stated that her marriage was already performed and she has one male child aged about six years. It is also submitted that petitioner is in custody since 18.03.2015, having no criminal antecedent.

Having considered the facts and circumstances of the case, 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 S.D.J.M., Benipur, District-Darbhanga in connection with Complaint Case No. 200 of 2014/T.R. No. 751 of 2015.

(Rajendra Kumar Mishra, J.) Shail/- U T