Jitendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66104 of 2019 Arising Out of PS. Case No.-1887 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== JITENDRA PANDEY S/o Umesh Pandey R/o village- Dehri-on-Sone, Near Maa Medical, P.S.- Harijan Thana, Dehri-on-Sone, District- Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Devi W/o Jitendra Pandey, D/o Bablu Tiwari R/o Mohalla- Tekari Andar, Kila, P.S.- Tekari, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1887/2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture with respect to demand of dowry and ousting from the house and further allegation that petitioner has solemnized second marriage.

Submission of learned counsel for the petitioner is that marriage was solemnized ten years ago and they have two children also and entire allegation is false and concocted and he

Patna High Court CR. MISC. No.66104 of 2019(2) dt.22-10-2019 2/2 is still ready to keep the complainant with full honour and dignity and he has taken such plea before the court below also, however, the opposite party no. 2 had appeared in the court below and she is not ready to reside with the petitioner and allegation against the petitioner is general in nature. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Clss, Gaya, in connection with Complaint Case No. 1887/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T