Satya Prakash v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.676 of 2017 Arising Out of PS.Case No. -694 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Satya Prakash, Son of Late Ram Naresh Sharma, Resident of VillageMaripur, P.S. Maniyari, District-Muzaffarpur. .... .... Petitioner

Versus

1. State of Bihar.

2. Vinita Kumari, Daughter of Sri Shyam Kishore Singh and wife of Satya Prakash, Resident of village-Purushotumpur, p.s. Maniyari, DistrictMuzaffarpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case no. 694 of 2015, registered under Sections 498A, 346, 347, 354 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The accusation is that the marriage of the petitioner was performed with the complainant in the year 2003 according to Hindu customs and due to their wedlock three children, namely, Sirishty Kumari, aged about 11 years, Shreya Kumari, aged about 6 years and Shiv Shankar Kumar, aged about 4 years were born. It is alleged that after retirement of the father of the complainant, the petitioner made demand of Rs. 5,00,000/- as dowry, when she refused then she was

Patna High Court Cr.Misc. No.676 of 2017 (2) dt.17-01-2017 2/2 abused and driven out from her matrimonial house. Learned counsel for the petitioner submits that petitioner is happens to be the husband of the complainant. Further submission is that, in fact, due to ill behaviour of the complainant, on 03.03.2015 the petitioner filed Matrimonial Case No. 76 of 2015 in the Court of Principal Judge, Family Court, Muzaffarpur. When the Notice was issued to the Opposite party/ Complainant then the complainant filed Complaint Case on 18.05.2015 only to put undue pressure and humiliate the petitioner with false allegation of demand of Rs. 5 lakhs as dowry after 12 years of her marriage. Further submission is that at present two daughters are residing with the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, West Muzaffarpur in connection with Complaint Case No. 694 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T