Devesh Singh @ Devesh Kr. Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11589 of 2015 Arising Out of PS.Case No. -620 Year- 2012 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================
1. Devesh Singh @ Devesh Kr. Singh Son of Ram Nagina Singh Resident of village- Sheopur, P.O.- Kabulpur, P.s- Jafarabad, District- Jaunpur(U.P), presently residing at House No. 16/98 , Sohawatiabagh, Allahpur, Allahabad, District- Allahabad.(U.P) .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kanchan Singh W/o Devesh Singh, Daughter of Dinesh Singh, presently residing at Village- Darawan, P.s. - Ramgarh, District- Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg For the Opposite Party/s : Mr. Bisheshwar Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsels for the petitioner, complainant and the State.
The petitioner being husband of the complainant is apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
Learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.11589 of 2015 (5) dt.20-07-2015 2/3 the petitioner is ready to keep the complainant as wife with dignity and will withdraw Matrimonial Suit No. 49 of 2015 filed with prayer for divorce.
The petitioner and the complainant are present. Both the petitioner and the complainant submit that they have resolved the issue and both are ready to resume the conjugal life. The marriage between the petitioner and the complainant is admitted fact. The petitioner undertakes to take the complainant from her parents' house on 10th August, 2015.
Statement has also been made in paragraph 10 of the petition that the petitioner is ready to settle the matrimonial dispute.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Kaimur at Bhabua in connection with
Patna High Court Cr.Misc. No.11589 of 2015 (5) dt.20-07-2015 3/3 Complaint Case No. 620 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Needless to say, the petitioner will withdraw the matrimonial suit within a period of three weeks and the parties will file an appropriate application in the present complaint case before the learned court below that the issue has been settled between the parties so that the matter may be disposed of accordingly.
(Dinesh Kumar Singh, J) Anil/- U T