Biresh Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69985 of 2019 Arising Out of PS. Case No.-1154 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== BIRESH SAO S/o Ashok Sao R/o village- Sohjana Jagan More, P.S.- Nawada, P.O.- Nawada, District- Nawada ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Geeta Devi W/o Biresh Sao R/o village- Sohjana Jagan More, P.S.- Nawada, P.O.- Nawada, District- Nawada. D/o late Lattan Sao, Resident of Kalali Road, Nawada, P.S. and P.O. and District- Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1154 of 2017, disclosing offences under Sections 498A of the Indian Penal Code. Petitioner happens to be husband of complainant and allegation against him is of subjecting her to torture in connection with demand of dowry.
Submission of learned counsel for the petitioner is that entire allegation is false and concocted and complaint petition itself shows that the complainant and petitioner were married from before and from the earlier marriage, complainant has a child also and further there is no statement in the complaint petitioner as to whether she has divorced her first
Patna High Court CR. MISC. No.69985 of 2019(2) dt.14-11-2019 2/2 husband prior to marriage with the petitioner and as such marriage is itself void.
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 Sub Divisional Judicial Magistrate, Nawada, in connection with Complaint Case No. 1154 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T