IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22735 of 2011
Prakash Singh son of Shovin Das, resident of village-
Jalla Harerampur, P.S.-Pranpur, District- Katihar
Versus
1.The State Of Bihar
2.Sumoti Devi. D/o Shankar Singh, resident of
village- Jalla Harerampur, P.S.-Pranpur,
District- Katihar
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2. 15.7.2011. Heard learned counsel for petitioner and learned counsel
for the State.
The petitioner apprehends his arrest in connection with a
case in which cognizance has been taken for the offence under
section 498A and section 4 of the Dowry Prohibition Act.
As per prosecution case, the complainant was subjected
to cruelty on account of non-fulfillment of demand of dowry. It is
also alleged that ultimately the complainant was driven out from her
matrimonial home.
Learned counsel for the petitioner submits that the facts
narrated in the complaint are not true. He further submits that the
petitioner’s sister is married to the complainant’s brother. There was
matrimonial dispute in the house of the petitioner’s sister and
ultimately she was compelled to institute a case against the
complainant’s brother under section 498A of the Indian Penal Code.
The said case was registered as Pranpur P.S. Case No.61 of 2010 on
17.7.2010. It is submitted on behalf of the petitioner that
immediately thereafter in retaliation the complainant instituted the
present case on 19.7.2010.
Taking into consideration the aforesaid facts and
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circumstances of the case as also the fact that the case has arisen out
of a complaint, let the petitioner, namely, Prakash Singh in the event
of his arrest or surrender before the court below within a period of
four weeks from the date of communication of the order be released
on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with
two sureties of the like amount each to the satisfaction of C.J.M.,
Katihar in connection with Complaint Case C.A.No.2043 of 2010.
Md.S. ( Ashwani Kumar Singh, J.)