Santu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55667 of 2019 Arising Out of PS. Case No.-580 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Santu Bind, Son of Sri Ravindra Bind, Resident of Village-Dhangawan Garh Par, Police Station-Telhara, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chameli Devi, Wife of Santu Bind and daughter of Sri Mathura Bind, Resident of Village-Murgaon, Police Station-Hulasganj, District-Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Prasad Sinha For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 580 of 2017, disclosing offences under Sections 323 and 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Allegation is of demand of dowry and torture but the complainant, who happens to be the wife of the petitioner. Submission of the learned counsel for the petitioner is that on perusal of the complaint petition it appears that the case is not under Section 498A IPC, rather it is alleged that she was called 'Dyne' and thereafter she made some other allegation also. It has further been submitted that in the lower court the opposite party no.2 was called and she appeared but she refused

Patna High Court CR. MISC. No.55667 of 2019(2) dt.03-09-2019 2/2 to reside with the petitioner apprehending danger. Heard learned A.P.P. also, who has submitted that before the learned Sessions Judge, the opposite party no.2 has already refused to live with the petitioner.

In such view of the matter, there is no purpose to issue notice to the opposite party no.2.

Having heard both sides, considering the above facts and submission of the petitioner that he is ready to keep her, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of two weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 580 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T