Bhola Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75966 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- SONO District- Jamui ====================================================== Bhola Pandit, Son of Devi Pandit, Resident of Village-Bandarmara, P.S.- Sono (Charkapathar), District- Jamui.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Rukmani Devi @ Kunti Devi Wife of Bhola Pandit, Resident of VillageBandarmara, P.S.- Sono (Charkapathar), District- Jamui, At present Daughter of Pairu Pandit, Resident of Village- Sarebad, P.S.- Sono, DistrictJamui. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the parties via video conferencing and perused the materials on record. By way of the present application, the petitioner has sought for pre-arrest bail in connection with Sono (Charkapathar) P.S. Case No.153 of 2019 registered for the offences punishable under Sections 341, 323, 498A, 504, 506 read with 34 of the Indian Penal Code as well sections 3 and 4 of the Dowry Prohibition Act.

It is contended on behalf of the petitioner that there is no truth behind the allegation that there was any demand of dowry or the informant was ever subjected to cruelty for non-fulfilment of demand of dowry. The further contention is that the instant case has been filed due to matrimonial discord and incompatibility. Learned counsel appearing for the complainant has

Patna High Court CR. MISC. No.75966 of 2019(7) dt.18-06-2020 2/2 opposed the application for grant of pre-arrest bail to the petitioner. He contended that the informant was being subjected to cruelty in her matrimonial home. Subsequently, at the instance of Family Court, when the informant was again taken to her sasural, the petitioner and others mercilessly assaulted her. The allegation made by the complainant is denied by the petitioner.

Be that as it may, considering the nature of allegation and extraordinary situation due to Covid-19, the petitioner is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jamui in connection with Sono (Charkapathar) P.S. Case No.153 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T