High Court Patna High Court - Orders

Kauleshwar Sah vs State Of Bihar on 11 August, 2010

Patna High Court – Orders
Kauleshwar Sah vs State Of Bihar on 11 August, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.25643 of 2010
                   KAULESHWAR SAH SON OF RAMCHARITAR SAH,
                   RESIDENT OF VILLAGE SINGAILA, P.S. MOTIPUR,
                   DISTRICT MUZAFFARPUR
                                                     - PETITIONER.
                                           Versus
                             STATE OF BIHAR--OPP. PARTY.
                                         -----------

2/ 11-08-2010 Heard the parties.

In a criminal prosecution for offence under section

498A of the Indian Penal Code, which is based on a complaint

petition, the petitioner is the husband of the complainant. The

allegation of demand of dowry and torture is against the

petitioner.

Learned counsel for the petitioner submits that

present complaint petition, vide Annexure-1, was filed on

30.11.2004 and prior to this the petitioner had filed

Matrimonial Case No. 96 of 2004 seeking dissolution of

marriage with the complainant. It is also highlighted that there

is no possibility of compromise between the petitioner and the

complainant and the petitioner is stated to be in judicial

custody since 07.05.2010.

In the facts and circumstances of the case, the

above named petitioner is directed to be enlarged on bail on

furnishing bail bond of Rs. 10,000/- with two sureties of the

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

Champaran, Motihari in connection with Complaint Case

No.2381 of 2004.

BTiwary/                                       (Birendra Prasad Verma, J.)