Madhukant Singh @ Moni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9575 of 2020 Arising Out of PS. Case No.-168 Year-2019 Thana- JAMOBAZAR District- Siwan ====================================================== MADHUKANT SINGH @ MONI SINGH, Son of Chandrashekhar Singh, Resident of Village- Indauli, P.S.- G.B. Nagar, Dist.- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Devi, W/o Madhukant Singh @ Moni Singh, D/o Gopali Singh Resident of Village- Mangalpur, P.O.- Sidhwalia, P.S.- Mahamdpur, Dist.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through virtual court proceeding.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498A, 323/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner never misbehaved with his wife and he was ready to keep his wife with full honour and dignity. The petitioner has got no criminal antecedent.

Learned counsel for the informant submits that the

Patna High Court CR. MISC. No.9575 of 2020(3) dt.03-07-2020 2/2 petitioner may be granted provisional bail and the matter may be sent to the court below in Mediation Centre, Siwan for mediation between the parties because as per the submission of learned counsel for the petitioner, the petitioner is ready to keep the informant/wife with full honour and dignity.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on provisional bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Siwan in connection with Jamo Bazar P.S. Case No. 168 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. It is further subject to the condition that the petitioner at the time of furnishing bail bonds for grant of provisional bail shall also file an affidavit showing that he is ready and willing to keep the informant/wife with full honour and dignity. This application is disposed of accordingly.

(Anjani Kumar Sharan, J) amitkumar/- U T