Patna High Court - Orders
Jitendra Kumar @ Jitendra Prasad vs State Of Bihar & Anr on 23 June, 2014
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47194 of 2013
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1. Jitendra Kumar @ Jitendra Prasad Son Of Shri Chhathu Lal Prasad
Resident Of Mohalla - Forbesganj Sultan Pokhar Ward No. 3, Police
Station- Foresganj, District- Araria.
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Shila Devi Wife Of Jitendra Kumar @ Jitendra Prasad, Wife Of Ram
Bilash Mahto Residentof Mohalla Forbesganj Sultan Pokhar Ward No. 3,
Police Station- Forbesganj, District- Araria, At Present Resident Of
Village- Ganaura, P.O. + P.S.- Marhowrah, District Saran.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kr. Rana, Advocate
For the Opposite Party no.2 : Mr. Anil Pd. Singh, Advocate
For the State : Mr. APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
5 23-06-2014Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 120B, 498A, 406, 379, 323 of the Indian Penal Code and Sections 3/4 of the Dowry prohibition Act registered in connection with Complaint Case No. 3819 of 2012.
3. Accusation is of demand for dowry and torture for non-fulfillment thereof.
4. It is submitted that the petitioner has been Patna High Court Cr.Misc. No.47194 of 2013 (5) dt.23-06-2014 2 falsely implicated as the demand of dowry is highly improbable after lapse of more than one decade since the parties were married in the year 2001. The present complaint has been instituted for retaliation to the Divorce Case No. 309 of 2012 filed by the petitioner on 27.8.2012. It is further submitted that the petitioner has been forced to leave his own house at Forbisganj where admittedly the opposite party no. 2 is residing and has had shifted his residence to his ancestral home at Chapra.
5. Learned counsel for the opposite party no. 2 appears and opposes the bail petition and reiterates the fact of torture suffered at the hands of the petitioner. It is stated that the mediation proceeding has also failed as petitioner is not interested in keeping the opposite party no. 2 with him.
6. Considering the above facts, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Araria, in connection with Complaint Case No. 3819 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the additional condition that the petitioner shall not indulge in any act of cruelty or torture to the opposite party no. 2 and also that he shall be present on each and every Patna High Court Cr.Misc. No.47194 of 2013 (5) dt.23-06-2014 3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned.
(Vikash Jain, J) P.K./-