Pramod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66861 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- AMNAUR District- Saran ====================================================== Pramod Prasad Son of Bijali Prasad Resident of Village - Kherawa Banshi, P.O.- Jhagarua More, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi Wife of Pramod Prasad, D/O- Bhola Raut At present Resident of Village - Jagdeo Sirisiyan, P.O.- Hassepur, P.S.- Amnaur, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the informant, is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand after 10 years of the marriage. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is

Patna High Court CR. MISC. No.66861 of 2019(2) dt.20-11-2019 2/3 making payment of maintenance of Rs.4000/- per month and statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That the informant does not want to live with the petitioner reason best know to her. It is further stated that the petitioner pay Rs.4000/- for her maintenance."

Learned APP submits that the accusation is specific against the petitioner.

Considering the fact that though marriage is admitted but considering the nature of accusation and the petitioner claims to have making payment of maintenance amount of Rs.4,000/- per month to the informant regularly, let the above named petitioner be released on anticipatory bail in the event of 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 Additional Chief Judicial Magistrate-II, Saran in connection with Amnaur P.S. Case No. 12 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted by

Patna High Court CR. MISC. No.66861 of 2019(2) dt.20-11-2019 3/3 the learned Court below on filing of affidavit by the petitioner to the effect that the petitioner has made up-date payment of the maintenance amount.

(Dinesh Kumar Singh, J) DKS/- U T