← Library
Patna High CourtCR. MISC./7173/2020allowed

Shamsher Singh @ Shamser Singh v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7173 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Shamsher Singh @ Shamser Singh Son of Shyam Sunder Singh Resident of Village - Siswar, P.S.- Kudra, Distt - Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pooja Kumari Wife of Shamsher Singh @ Shamser Singh, D/o Ramesh Kumar Verma Resident of Village - Siswar, P.S.- Kudra, Distt - Kaimur at Bhabua at present R/o Fakarabad, P.S.- Kudra, Distt - Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner, State and the informant.

The petitioner is apprehending arrest in connection with Mahila (Bhabua) P. S. Case No. 30 of 2019 for offences under Sections 498(A), 341, 323/34 of the Indian Penal Code and 3⁄4 of the D.P.Act.

Learned counsel for the petitioner submits that the petitioner is the husband of the informant-opposite party No.

2. The petitioner is ready to keep his wife with full honour and dignity.

Learned counsel appearing on behalf of the informant submits that the wife- opposite party No. 2 is also ready to stay with her husband. Earlier also the parties have

Patna High Court CR. MISC. No.7173 of 2020(2) dt.29-02-2020 2/2 tried to resolve their dispute but it has not reached its logical end.

Having regard to the fact that parties have filed petition for restitution of conjugal life and submissions of the parties before this Court that there is possibility of restitution of normal conjugal life, the court is inclined to grant bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Kaimur at Bhabua in connection with Mahila (Bhabua) P. S. Case No. 30 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C.

On release on bail, the petitioner is under obligation to keep his wife with full honour and dignity. In the event any complaint is received as to torture or misbehaviour towards the informant, the court below shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) spandey/- U T