Patna High CourtCR. MISC./23730/2016disposed

Gourav Singh v. State Of Bihar And ANR

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23730 of 2016 Arising Out of PS.Case No. -2627 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Gourav Singh S/o Shital Singh Residence of Village- Kanp, P.S.- Rupouli (Mohanpur), Dist- Purnia.

.... .... Petitioner/s

Versus

1. The State of Bihar. null null

2. Babli Kumari W/o Gourav Singh, D/o Late Rajendra Yadav Resident of Village- Kanp, P.S.- Rupouli, Dist- Purnia.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. The petitioner filed Matrimonial Suit No. 29 of 2016 for restitution of conjugal right and is ready to keep the complainant as wife with full dignity

Patna High Court Cr.Misc. No.23730 of 2016 (2) dt.26-05-2016 2/2 and honour. It is further submitted that similar was the stand of the petitioner before the learned court below but the complainant refused to accept the offer of the petitioner since the petitioner has performed second marriage, though, the petitioner also admits that he has performed second marriage.

In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Complaint Case No. 2627 of 2015 pending in the court of learned JM, 1st Class, Purnia.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T