Dhiraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2218 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- MANJHI District- Saran ====================================================== Dhiraj Kumar Singh, aged about 24 years (Male), Son of Shashi Bhushan Singh, R/o- Village-Mubarakpur, P.S.- Manjhi, Distt.-Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Bhaskar For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504 and 506 of the Indian Penal Code and Sections 3/4 of the D.P. Act. The prosecution case as per the written report of Saroj Kumari, dated 09.07.2018, submitted to the Station House Officer, Manjhi Police Station is to the effect that marriage between the informant and the petitioner was performed on 26.05.2017, but subsequent to the marriage, further dowry demand of Rs. 1 lac and a motorcycle was made and due to nonfulfillment of the same, torture was inflicted upon the informant by the petitioner and other in-law family members.
Patna High Court Cr.Misc. No.2218 of 2019(2) dt.17-01-2019 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 8 of the petition which reads as follows:- "That petitioner is husband of the informant and is ready to keep her wife with all respect and dignity." Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Saran at Chapra in connection with Manjhi P.S. Case No. 174 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Let the learned Court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the
Patna High Court Cr.Misc. No.2218 of 2019(2) dt.17-01-2019 3/3 informant fails to appear before the learned Court below, or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T