Patna High CourtCR. MISC./36096/2015bail granted

Awadhesh Singh v. The State Of Bihar

2015-08-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36096 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Awadhesh Singh S/o Late Sukh Narayan Singh resident of village - Barari, P.S. Chand, District - Kaimur ( Bhabua ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the father of the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 376, 511/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is alleged that the husband of the informant developed some illicit relationship with one Lakshmi Pandey and when she made protest then her husband assaulted and driven her out from his house, whereas the petitioner being a widower made an attempt to ravish her.

Patna High Court Cr.Misc. No.36096 of 2015 (2) dt.18-08-2015 It is submitted by the learned counsel for the petitioner that the similar allegation has been levelled against other son of the petitioner. For the occurrence of 09.04.2015 and 24.04.2015 the First Information Report was registered on 05.05.2015 and such accusations have been levelled only to scandalize the family of the petitioner. The thrust of accusation is against the husband of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur, Bhabhua in connection with Durgawati P.S. Case No. 81 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T