Neeraj Singh @ Niraj Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33599 of 2014 Arising Out of PS.Case No. -105 Year- 2009 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Neeraj Singh @ Niraj Singh S/o Ganesh Singh, Resident of MohallaPokharan Road No. 2, Subhash Nagar (Mali Gali) Near Wallas Company P.S. Wartak Nagar, District- Thane, Maharastra .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ruchi Singh, W/o Neeraj Singh Resident Pokharan Road No. 2, Subhash Nagar (Mali Gali). present Resident of Village- Usari, P.S.- Mohania,, District- Kaimur (Bhabua), Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.

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

On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been

Patna High Court Cr.Misc. No.33599 of 2014 (2) dt.13-02-2015 2/3 made in paragraph no. 7 of the petition which reads as follows:

"That the petitioner is ready to keep her wife (complainant) 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 CJM Kaimur at Bhabua in connection with Complaint Case No. 105 of 2009 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to

Patna High Court Cr.Misc. No.33599 of 2014 (2) dt.13-02-2015 3/3 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