High Court Patna High Court - Orders

Ashok Mallik vs The State Of Bihar on 18 October, 2011

Patna High Court – Orders
Ashok Mallik vs The State Of Bihar on 18 October, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.31714 of 2011
                 Ashok Mallik, Son of Sito Mallik, resident of village-Harerampur, P.S.-
                 Garhpura, District-Begusarai.                  ........Petitioner.
                                         Versus
                 The State of Bihar                             .........Opp. Party.
                                        -----------

2 18.10.2011 Heard learned counsel for the petitioner and learned

counsel appearing for the State.

The petitioner apprehends his arrest in connection with a

case in which cognizance of the offence under section 498A, 494

of the Indian Penal Code and Section 4 of the Dowry Prohibition

Act.

It is submitted on behalf of the petitioner that admittedly

the marriage took place 11 years ago. There is no truth behind the

allegation of demand of motorcycle and subjecting the complainant

to cruelty for non-fulfillment of dowry.

It is also submitted that the complainant in reply to the

court question while making statement on solemn affirmation has

categorically stated that the problem started only after the

petitioner married another lady.

It is submitted on behalf of the petitioner that the

petitioner has not married any other lady. There is lack of

compatibility between the parties, as a result of which the present

case has been registered.

Considering the facts and circumstances of the case let

the petitioner, namely Ashok Mallik in the event of his arrest or

surrender before the Court below within a period of four weeks
2

from the date of receipt/communication of this order, be released

on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only)

with two sureties of the like amount each to the satisfaction of Sri

S. N. Ram, learned S.D.J.M., Begusarai in connection with

Complaint Case No. 3119 C/ 2009, subject to the conditions as laid

down under Section 438(2) Cr. P.C.

Sanjeet                                     (Ashwani Kumar Singh, J.)