Tori Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55318 of 2015 Arising Out of PS.Case No. -641 Year- 2012 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Tori Yadav .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is languishing in jail since 5.10.2015 in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494 and 109 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand and performing second marriage. It is submitted by learned counsel for the petitioner that the petitioner has not performed second marriage, statement to that effect has been made in para 7 of the petition, which reads as follows:- "That it is pertinent to mention here that no such

Patna High Court Cr.Misc. No.55318 of 2015 (2) dt.07-12-2015 2/2 occurrence took place and the involvement of the petitioner in this case by his wife is false one. The allegation of 2nd marriage of the petitioner is totally false and concocted."

Considering the nature of accusation and period under custody, let the above named petitioner be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Complaint Case No. 641 of 2012.

(Dinesh Kumar Singh, J) Amrendra/- U T