Rajesh Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33309 of 2015 Arising Out of PS.Case No. -28821 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Rajesh Singh, Son of Sri Anirudh Singh, Resident of Orient Bell Industrial Area, Sikandrabad, Buland Shahar, and Permanent at L.I.G. 305 Mukherjee Nagar, P.S. Mukherjee Nagar, Devas, M.P. 455001. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Jyotsana @ Jyotsana Singh aged about 34 years Wife of Rajesh Kumar Singh, Daughter of Mritunjay Singh, Resident of Jagdamba Niwas, Back of Reserve Bank, Salimpur Ahra, P.S. Gandhi Maidan, District - Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 24-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
The petitioner and the complainant are present in the Court.
Counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.33309 of 2015 (3) dt.24-11-2015 2/3 petitioner is ready to keep the complainant as wife with full dignity and honour and admits his marriage with the complainant and birth of a male child.
Counsel for the complainant submits that the complainant is not ready to accept the offer of the petitioner due to the past conduct of the petitioner.
However, counsel for the petitioner submits that in Domestic Violence Case No. 73 of 2013 the petitioner has been directed to make payment of Rs.2500/- per month as interim relief vide order dated 28.09.2015 passed by learned Judicial Magistrate, Ist Class, Patna. The certified copy of the same has been produced. Let it be kept on record. The petitioner is ready to make payment until it is modified by any competent court.
Considering the rival submissions of the parties, let the above named petitioner be released on anticipatory bail in the event of his 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 Sub-divisional Judicial Magistrate, Patna in connection with Complaint Case No. 28821(C) of 2014, subject to the
Patna High Court Cr.Misc. No.33309 of 2015 (3) dt.24-11-2015 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioner will be accepted by the learned court below on payment of up-to-date interim relief as directed by the learned Judicial Magistrate in Domestic Violence Case.
DKS/ (Dinesh Kumar Singh, J.) U T