Shyam Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35772 of 2015 Arising Out of PS.Case No. -864 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================
1. Shyam Ram Son of Jagdish Ram, resident of village- Ganguli, P.S. Benipatti, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Phool Dai Devi, D/o Tekan Ram, R/V Kakdaul, P.S.- Rahika, Dist. Madhubani .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Subash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 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 323, 379, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that subsequent to lodging of the present case the complainant died at her parental house though after filing of the present case the maintenance case has been compromised between the parties.
Considering the aforesaid facts, let the
Patna High Court Cr.Misc. No.35772 of 2015 (2) dt.24-08-2015 2/2 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 provisional anticipatory bail for six months 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, Madhubani in connection with Complaint Case No. 864 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let learned Court below issue notice to the either surviving parents of the complainant and if either of them admits that petitioner, in no way contributed into the death of the complainant then the provisional anticipatory bail of the petitioner will be confirmed by learned Court below. (Dinesh Kumar Singh, J) Shageer/- U T