Manoj Singh @ Manoj Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11614 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -MAHILA P.S. District- SASARAM (ROHTAS) ======================================================
1. Manoj Singh @ Manoj Kumar Singh son of Satyendra Singh resident of Village- Barawkala, P.S.- Akhorigola, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Manju Devi, daughter of Jitendra Singh @ Chhathu Singh resident of Village- Sukahara, P.O. Dhawani, P.S. Karakat, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-07-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 313, 323, 341, 406/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand and getting the pregnancy terminated.
The notices were issued to the informant/O.P. No. 2 vide order dated 09.03.2016. It appears from the office note dated 25.07.2016 at Flag-A that ordinary process of notice has been received by the informant/O.P. No.
2. None is appearing on behalf of the informant/O.P. No. 2. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full
Patna High Court Cr.Misc. No.11614 of 2016 (3) dt.26-07-2016 2/2 dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner, who is husband have all love and affection with the victim lady and ready to keep her with all respect and human dignity"
Considering the present stand of the petitioner, 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-III, Rohtas at Sasaram in connection with Dehri Mahila P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The grant of bail to the petitioner will not preclude the informant to resume the conjugal life. If she files such an application before learned Court below then learned Court below will issue notice to the petitioner when the petitioner will be obliged to comply the undertaking given before this Court.
(Dinesh Kumar Singh, J) Shageer/- U T