Ram Lakhan Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9319 of 2015 Arising Out of PS.Case No. -2668 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Ram Lakhan Prasad Singh Son of Late Saligram Singh Resident of Village - Kumarpur, P.S. - Sultanganj, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bandana Kumari D/o Sri Bhagwan Prasad Resident of Kiranpur, P.S. - Bath (Sultanganj), District - Bhagalpur.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-06-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. No one appears on behalf of the opposite party No. 2 though notice has personally been served upon her.

The petitioner happens to be husband of opposite party No. 2 and apprehends his arrest in connection with Complaint Case No. 2668 of 2012 in which cognizance has been taken under Section-498A of the Indian Penal Code and Section-4 of Dowry Prohibition Act. At the outset, it is pointed out on behalf of the petitioner that the petitioner is ready to lead his conjugal life with opposite party No. 2 but it is the opposite party No. 2 who does not want to lead her married life with the petitioner, the reasons best known to her. It is pointed out on

Patna High Court Cr.Misc. No.9319 of 2015 (4) dt.30-06-2015 2/2 behalf of the petitioner that the petitioner made the abovesaid proposal before the learned Sessions Judge also but the opposite party No. 2 flatly refused to lead her conjugal life with the petitioner.

It appears that opposite party No. 2 is not interested to lead her conjugal life with the petitioner. No doubt, there is some sort of allegation against the petitioner but taking note of this fact that the marriage of the petitioner was solemnized with the opposite party No. 2 in the year, 2003 and she spent her married life in the house of the petitioner for several years and became mother of two children but all of a sudden, she filed the present complaint case in the year, 2012, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 2668 of 2012 to the satisfaction of Learned Chief Judicial Magistrate, Bhagalpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T