Deepak Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21666 of 2016 Arising Out of PS.Case No. -1570 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Deepak Kumar Singh Son of Late Lalit Singh, resident of VillageChaumukkha, P.S.- Pranpur, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Veetika Devi W/o Deepak Kumar Singh, D/o Prakash Singh at present resident of Village- Gram Devti (Amdol) P.S.- Pranpur, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-05-2016 Heard learned counsels for the petitioner, complainant and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 498A of the Indian Penal Code and section 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

The petitioner admits his marriage with the complainant. On instructions, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.21666 of 2016 (2) dt.16-05-2016 2/3 ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph 7 of the petition which reads as follows: "That it is stated that the petitioner is always ready to keep the complainant with full dignity and honour." Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner though she did not accept the offer of the petitioner before the learned court below. Both petitioner and the complainant agree to appear before the learned court below on 1.6.2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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, Katihar in connection with Complaint Case No. 1570 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be

Patna High Court Cr.Misc. No.21666 of 2016 (2) dt.16-05-2016 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) Anil/- U T