Komal Kumar @ Komal Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8425 of 2016 Arising Out of PS.Case No. -362 Year- 2015 Thana -BARH District- PATNA ======================================================
1. Komal Kumar @ Komal Kumar Singh Son of Surendra Prasad Singh resident of village - Berhna Police Station Barh and District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Soni Devi @ Soni Kumar Wife of Komal Kumar Singh resident of village - Berhna Police Station Barh and District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Utsav Kumar For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences under Sections 498A, 323/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant having no issue. The petitioner is army personnel and the entire family members of the petitioner is under gamut of threat and misbehavior from the informant. Hence, at present, the petitioner is not in a position to keep the informant.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.8425 of 2016 (4) dt.11-08-2016 2/3 informant that informant is ready to resume the conjugal life and denies the allegation of misbehaving with the family members of the petitioner.
In the alternative, petitioner is ready to make payment of Rs. 6000/- to the informant from September, 2016, by depositing the same in the bank account of the informant by second week of every succeeding month. It is submitted by learned counsel for the informant that the offer is acceptable to the informant who undertakes to submit her bank account number by submitting the same on affidavit before learned Court below within a period of three weeks.
Considering the present stand of the petitioner and to save the informant from vagrancy and destitution with lurking hope that the issue will be reconciled between the parties in future , let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Barh P.S. Case No. 362 of 2015. The above payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making
Patna High Court Cr.Misc. No.8425 of 2016 (4) dt.11-08-2016 3/3 payment will give liberty to the informant to file appropriate application for cancellation of bail of the petitioner. The present order, in no way will preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/- U T