Suman Kumar Singh @ Suman Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13849 of 2019 Arising Out of PS. Case No.-315 Year-2016 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== SUMAN KUMAR SINGH @ SUMAN SINGH, Son of Ram Jatan Singh @ Ramratan Singh, Resident of Village- Sukhan Kothi P.S.- Banmankhi, District-Purnia.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Nirmala Devi, wife of Suman Singh, Daughter of Parmanand Singh, Resident of Ruidhasa Hanuman Mandir Road, Ward No. 23,P.S.Kishanganj,District-Kishanganj.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C 315 of 2016 lodged for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife, opposite party No.2, to torture and cruelty with respect to demand of Rs.1.5 lac.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with him and for that he has filed a petition for restitution of conjugal right.

Heard learned APP and learned counsel for the opposite

Patna High Court CR. MISC. No.13849 of 2019(3) dt.30-04-2019 2/2 party No.2, who has opposed the prayer for anticipatory bail of the petitioner stating that she was subjected to cruelty and she has filed Maintenance Case No. 42 of 2017 before the Family Court, Kishanganj.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of four weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 315 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to appear in Maintenance Case No. 42 of 2017 and co-operate in disposal of the case and will be abide by any interim or final order that may be passed in the maintenance case.

(Vinod Kumar Sinha, J) spal/- U T