Sambhu Manjhi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48561 of 2015 Arising Out of PS.Case No. -3641 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Sambhu Manjhi S/o Mauji Lal Manjhi @ Mauji Manjhi R/o vill. - Repura, P.S. Garkha, Distt. - Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kushum Devi W/o Sambhu Manjhi R/o vill. - Repura, P.S. Garkha, Distt. - Saran at Chapra, Presently C/o Rambhaju Manjhi, R/o village - Mura, P.S. Basantpur, District - Siwan .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 15-03-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3 of the Dowry Prohibition Act. The basic accusation is of torture for non-
Patna High Court Cr.Misc. No.48561 of 2015 (3) dt.15-03-2016 2/3 fulfillment of the dowry demand.
The notices were issued to the complainant vide order dated 13.10.2015. The office note dated 14.03.2016 reflects that ordinary process of notice has been received by opposite party no. 2 personally, but none is appearing on behalf of opposite party no. 2.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour, though, statement to that effect has not been made in the petition.
Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory 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 Sub-divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 3641 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The grant of bail will not preclude the complainant to resume conjugal life. If such an application is filed by the
Patna High Court Cr.Misc. No.48561 of 2015 (3) dt.15-03-2016 3/3 complainant then the petitioner will comply the undertaking given before this Court.
(Dinesh Kumar Singh, J) DKS/- U T