Suresh Singh @ Suresh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37445 of 2018 Arising Out of PS. Case No.-56 Year-2015 Thana- PIRO District- Bhojpur ====================================================== Suresh Singh @ Suresh Kumar, S/o Sri Bhagwan Singh, Resident of villageSahiara, P.S.- Imadapur (Bishanpura), Dist.- Bhojpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anisha Devi, W/o Suresh Singh, D/o Godhan Singh, at present Resident of Vill.- Gajodih, P.S.- Sikarahata, Dist.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498(A), 341, 323 and 379/34 of the Indian Penal Code Sections 3 and 4 of Dowry Prohibition Act. The prosecution case got initiated with the filing of the Complaint Case No.48C of 2014 but ultimately police case was registered after the complaint being transferred under Section 156 (3) of the Cr.P.C.
The accusation of dowry has been levelled after five years of marriage of the petitioner with the informant Anisha Devi. It is further alleged that the accused persons made an
Patna High Court Cr.Misc. No.37445 of 2018(2) dt.28-06-2018 2/3 attempt on the life of the informant, but she somehow managed to save herself.
It s submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and he is still ready to keep the informant as wife with full dignity and honour. Statement to that effect has not been made in the petition, but similar stand was taken by the petitioner before the learned court below which gets reflected from the impugned order.
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 or surrender before the learned Court below within a period of six 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 S.D.J.M, Bhojpur at Ara in connection with Mahila P.S. Case No. 56 of 2015, subject to the conditions as laid down under Sections 438(2) Cr.P.C.
Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.37445 of 2018(2) dt.28-06-2018 3/3 The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the informant fails to appear before the learned court below, or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) anil/- U