Binay Kumar Bhagat @ Binay Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64531 of 2019 Arising Out of PS. Case No.-936 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== BINAY KUMAR BHAGAT @ BINAY BHAGAT Son of Late Gopal Bhagat @ Nand Gopal Bhagat Resident of Village - Hiranpur (Near Hat), P.S.- Hiranpur, Distt - Pakur (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Devi Wife of Binay Kumar Bhagat @ Binay Bhagat, D/o Late Babulal Bhagat Resident of Village - Kasba, P.S.- Shambhuganj, Distt - Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 936 of 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 of Rs. One Lakh and a motorcycle.

Submission of learned counsel for the petitioner is that entire allegation is false and concocted and he is still ready to keep her with full honour and dignity and in the court below, notice was issued to the complainant but she did not choose to

Patna High Court CR. MISC. No.64531 of 2019(2) dt.15-10-2019 2/2 appear.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, 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 Sub Divisional Judicial Magistrate, Banka, in connection with Complaint Case No. 936 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and with further subject to the condition that if the complainant desires to live with the petitioner, he has to keep her with full honour and dignity. (Vinod Kumar Sinha, J) sunilkumar/- U T