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
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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.)