Amarnath Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12534 of 2019 Arising Out of PS. Case No.-1703 Year-2014 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Amarnath Singh, Son of Ramaundar Singh, Resident of Village - Selibeli, P.S.- Basopatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari, Wife of Amarnath Singh, Resident of Village - Selibeli, P.S.- Basopatti, Distt.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A and 504 of the IPC.

The prosecution case, as per the complaint petition, is to the effect that the marriage of the complainant was performed with the petitioner on 26.02.2014, but subsequent to the marriage, further demand of dowry of Rs. 2 lac, a motorcycle and jewellary was made and due to non-fulfillment of the same,

Patna High Court CR. MISC. No.12534 of 2019(2) dt.28-02-2019 2/3 torture was inflicted on the complainant by the petitioner and other in-laws family members. Ultimately, the complainant was driven out from the matrimonial house.

Learned counsel for the petitioner submits that the petitioner admits his marriage with complainant and he is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 6 of the petition, which reads as follows:- "That the petitioner is husband and ready to keep his wife with full honour and dignity"

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned J.M., 1st Class, Madhubani in connection with CR 1703 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

Let the learned Court below issue notice to the complainant and on her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be

Patna High Court CR. MISC. No.12534 of 2019(2) dt.28-02-2019 3/3 confirmed by the learned Court below in three eventualities, (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned Court below, or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Amrendra/- U T