Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7208 of 2013 Ashok Prajapati @ Ashok Prajpati …… Petitioner Versus 1.The State of Jharkhand 2. Anita Devi …… Opposite Parties --------- CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : Mr. Devesh Krishna, Advocate For the State : A.P.P. --------- 02/Dated:
21. h September, 2013 The petitioner has been made an accused for the offence registered under Sections 498A, 323, 406/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act. Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has submitted that initially the case was registered under Section 323 of the I.P.C. Thereafter, the complainant preferred revision which was allowed whereafter the trial Court took cognizance under Section 498A of the I.P.C. and allied sections. He has further submitted that there is no specific allegation of mental or physical harassment or torture that it is improbable that the demand of dowry could have been made after 9 years of marriage. The marriage was solemnized in the year 2001 and the complaint was lodged in the year 2010. It is further submitted that the petitioner is in custody for nearly four and half months. Learned A.P.P, while opposing the bail of the petitioner, has not controverted the submissions advanced by the petitioner's counsel. Regard being facts and circumstance of the case the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Civil Judge (Junior Division)- VIII, Garhwa in connection with Complaint Case No. 324 of 2010. (Amitav K. Gupta, J.) Satayendra/-