Dilip Kumar Singh @ Dilip Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20952 of 2015 Arising Out of PS.Case No. -1139 Year- 2013 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Dilip Kumar Singh @ Dilip Singh. Son of Shadanand Singh. Resident of village - Mahuari, P.S.- Akhorhi Goli, District - Rohtas. Presently residing at Dablur Bandan quarter No. 6, P.S.- Pandeshwar, District - Bardhwan (Bengal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Devi. Daughter of Satyendra Singh. Resident of village - Kotwara, P.S.- Rafiganj, District - Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 379, 323, 324, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand.

Patna High Court Cr.Misc. No.20952 of 2015 (2) dt.23-06-2015 It is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para-17 of the petition.

Learned counsel for the complainant on instruction submits that though the complainant is apprehensive due to past conduct of the petitioner, but she is ready to accept the present offer of the petitioner.

Both the petitioner and complainant undertake to appear before the learned court below on 28th of July, 2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Marriage between the petitioner and complainant is admitted.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or 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 the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Complaint Case No. 1139 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial

Patna High Court Cr.Misc. No.20952 of 2015 (2) dt.23-06-2015 harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T