Chandrika Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75686 of 2019 Arising Out of PS. Case No.-1093 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== CHANDRIKA PANDIT Son of Raghunath Pandit Resident of VillageTetariya Tanrh, P.O. and P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rita Devi Daughter of Mahendra Pandit Resident of Village and P.O.- Murhabro, P.S.- Khaira, District- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Sinha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 494, 323, 504 and 379 of the Indian Penal Code and Section 3⁄4 of D.P. Act, registered in connection with Complaint Case No. 1093C of 2016.

3. It is submitted that the petitioner has been falsely implicated and the accusation of demand of dowry and inflicting torture is denied. It is submitted that the accusations under Section 498(A) and Section 3⁄4 of D.P. Act are highly improbable as the parties were married as far back as in the year 2004 and in the past no such complaint was ever made against the

Patna High Court CR. MISC. No.75686 of 2019(3) dt.06-03-2020 2/3 husband of the complainant. In any event, the petitioner as well as the complainant have both solemnized marriage with other persons respectively and have decided to go their separate ways. The petitioner claims clean antecedents.

4. Despite personal service of notice on opposite party no.2, none appears on her behalf when the matter is called.

5. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner 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 learned Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 1093C of 2016, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his

Patna High Court CR. MISC. No.75686 of 2019(3) dt.06-03-2020 3/3 bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T