Lalan Parit v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.33203 of 2017 (2) dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33203 of 2017 Arising Out of PS.Case No. -485 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalan Parit son of Jawahir Parit, resident of Village- Chhotkipatti, Bad Gaon, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandani Devi, wife of Lalan Parit and daughter of Vishambhar Parit, Resident of Village- Bankatwa, Police Station- Bagaha, District- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-07-2017 Heard the counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Bagaha P.S. Case no. 485 of 2016 registered for the offence punishable under Sections 498-A, 326, 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The informant was married for about 2 1⁄2 years ago with this petitioner. It has been alleged that on 17.12.2016 in the night, her husband and in-laws assaulted her. The in-laws assaulted by fists and slaps. However, this petitioner disrobed her and poured acid in her private part. The informant was ousted

Patna High Court Cr.Misc. No.33203 of 2017 (2) dt.25-07-2017 from the matrimonial house after obtaining her signature on some blank papers.

It has been submitted that the allegation of pouring acid has been made only to make the offence grave. There is no injury report to substantiate the allegation of using acid. The informant herself withdrew from the company of the petitioner. She voluntarily left the matrimonial house and a settlement paper was executed to this effect by her and her relatives including the father of the informant. The petitioner has remained in custody for about seven months.

Considering the facts and circumstances of the case, the bail prayer of this petitioner is allowed. The above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case no. 485 of 2016.

(Sanjay Kumar, J) rohit/- U T