Patna High CourtCR. MISC./44132/2016bail granted

Mukesh Kumar v. State Of Bihar And ANR

2016-10-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44132 of 2016 Arising Out of PS.Case No. -194 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Mukesh Kumar s/o Late Bhikho Tanti Resident of Village- Karna, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjula Devi W/o Mukesh Kumar, D/o Ram Kumar Tanti Resident of Village- Sanhauli, P.S.- Chitragupta Nagar, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is languishing in custody since 25.07.2016 in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A 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 submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant and he is ready to keep the complainant as

Patna High Court Cr.Misc. No.44132 of 2016 (2) dt.24-10-2016 wife with full dignity and honour. Statement to that effect has been made in para- 8 of the petitioner which reads as follows:- "That petitioner is ready to keep his wife with full dignity."

Considering the nature of accusation and the present stand of the petitioner, let the above named petitioner, be released on bail 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, Khagaria in connection with Complaint Case No. 194C of 2014. If the complainant files an application to resume the conjugal life, the petitioner will be obliged to comply the undertaking given before this Court.

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