High Court Patna High Court - Orders

Sanjay Kumar vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Sanjay Kumar vs The State Of Bihar on 21 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.16361 of 2011
                        Sanjay Kumar son of Dwarik Prasad @ Dwarik
                        Prasad Chandrawansi, resident of Mohalla-Horilganj,
                        P.S. and District- Jehanabad
                                                Versus
                        1.The State of Bihar
                        2.Runa Devi D/o Ramanand Singh, W/o Sanjay
                          Kumar, R/o Mohalla-Mainpura, Milkipar,
                          P.S.-Patliputra, District- Patna
                                              -----------

3. 21.9.2011. Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection with a

case in which cognizance for the offence punishable under section

498A of the Indian Penal Code has been taken.

Admittedly, marriage had taken place in the year 2003.

It is stated on behalf of the petitioner that the petitioner is ready to

keep his wife with dignity and honour. It is also submitted that the

petitioner had filed a case under section 9 of the Hindu Marriage Act

before the family court, Jehanabad for restitution of conjugal right

and the same has been decreed in his favour.

The complainant has entered her appearance through a

lawyer and filed a counter affidavit. It is stated on behalf of the

complainant that she is not willing to join her matrimonial home as

she was subjected to cruelty for non-fulfillment of demand of

dowry.

Taking into consideration the rival stand of the parties,

let the petitioner, namely, Sanjay Kumar in the event of his arrest or

surrender before the court below within a period of four weeks from

the date of receipt/communication of the order be released on bail on
2

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties

of the like amount each to the satisfaction of learned S.D.J.M., Patna

in connection with Complaint Case No.836(c) of 2008 subject to the

conditions as laid down under section 438(2) of the Code of

Criminal Procedure.

Md.S.                             ( Ashwani Kumar Singh, J.)