Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7836 of 2020 Arising Out of Case No.-10 Year-2018 - ROHTAS COMPLAINT CASE District- Rohtas ====================================================== DHARMENDRA SINGH S/o- Late Vimal Singh R/O- Village - Masona, P.S. Sanjhauli, District - Rohtas.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pinki Devi W/O Dharmendra Singh, Daughter of Upendra Singh Presently resident of Village - Bariyarpur, P.S. - Dinara, P.S. - Akodha, District - Rohtas.

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

For the Petitioner/s :

Mr.Nagendra Prasad For the State :

Mr.Sunil Kumar Pandey For the Complainant : Mr. Arun Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2021 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 10/ 2018 for the offences allegedly committed by the petitioner under Section 498A of the IPC.

The Complainant alleged that petitioner subjected her to physical and mental torture and drove her out from the house. The learned counsel for the petitioner submits that Complainant is second wife of the petitioner and the petitioner after death of his first wife solemnized second marriage and the complainant also got a child from the wedlock but on account of some family dispute his wife lodged the complaint case making false and frivolous allegation. The petitioner is ready to keep his wife with all honour and dignity. On such, the learned counsel for the complainant submits that complainant is also ready to live with her husband provided her husband keeps her with all

Patna High Court CR. MISC. No.7836 of 2020(3) dt.23-03-2021 2/2 honour and dignity.

Taking into consideration the facts aforesaid and the fact that the husband and the wife are willing to restore their conjugal life, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for six months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Complaint case No. 10/ 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner keeps his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse of six months.