Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79918 of 2018 Arising Out of PS. Case No.-1023 Year-2018 Thana- SONEPUR District- Saran ====================================================== Anil Kumar son of Jai Mangal Rai resident of village- Chausiya, Police Station- Sonepur, District- Saran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Najmul Hoda For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for petitioner, informant and State.. The petitioner seeks bail in connection with Sonepur P.S. Case No. 1023 of 2018 instituted for the offence under Section(s) 498-A/341/323/504/506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner is husband of the informant. He is always ready to keep the wife Petitioner is in custody since 13.10.2018.

Learned counsel for informant submits that wife has been assaulted by the petitioner and ousted from the house. In the written report, it is alleged that petitioner committed physical and mental torture to the informant for non fulfillment of demand of dowry.

As per written report, the marriage has been performed in the year 2018.

Patna High Court Cr.Misc. No.79918 of 2018(2) dt.17-01-2019 2/2 Learned counsel for petitioner submits that he will keep the wife with all dignity in the event she want to live with him. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Sonepur P.S. Case No. 1023 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner.

It is made clear that petitioner will file affidavit at the time of furnishing of his bail bond that he will keep the wife with full dignity and care in the event she become ready to go with him. The wife will be at liberty to file necessary petition in the court below to seek direction to petitioner to take her with him and in the event of any physical or mental torture committed by the petitioner during her stay with him without any bona fide reason, the Court below will be at liberty to pass appropriate order in accordance with law including the cancellation of bail bond of the petitioner. (Sanjay Priya, J) shyambihari/mu keshU T