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Patna High CourtCR. MISC./6673/2015bail granted

Ram Singh v. State Of Bihar And ANR

2015-10-30Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6673 of 2015 Arising Out of PS.Case No. -35 Year- 2013 Thana -MAHILA PS District- KHAGARIA ====================================================== Ram Singh Son of Late Laddu Lal Singh Resident of Village-(Budhwa) Haripur, P.S-Alauli, District-Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Madhumala Devi Wife of Ram Singh, D/o- Jiwachh Rai R/o VillageHaripur (Budhwa) P.S.-Alauli, District-Khagaria, at present resides at Village-Sanokhar, P.S.-Bithan, District-Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhoy Kumar Kashyap For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Khagaria Mahila P.S. Case No. 35 of 2013 registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. In pursuance of order dated 06.10.2015, both the parties namely, Ram Singh (petitioner) and Madhumala Devi W/o- Ram Singh (opposite party No. 2) are present in Chamber today. Learned counsel for the petitioner submits that petitioner is willing and ready to keep his wife (opposite party no.2) with full dignity and honour but opposite party no. 2 (wife)

has apprehension in going back with him in view of serious acts of mental and physical torture, meted out to her earlier by the petitioner.

In view of the above submissions, petitioner is hereby directed to return whatsoever belonging to her i.e. jewellary, utensils etc. within a period of two months. After returning the same, opposite party no. 2 will handover a certificate to the petitioner in token of proof of receipt of the items. Petitioner is also directed to pay a sum of Rs. 2,500/- (two thousand five hundred) per month on or before 15th of November, 2015 of each month beginning from today so that she can meet her regular needs as also other medical and necessary expenditure for carrying her day-to-day life.

In the event of deposit of aforementioned amount by the petitioner by 15th of November, 2015, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria Mahila P.S. Case No. 35 of 2013 corresponding to G.R. No.

438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T