Pawan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34654 of 2016 Arising Out of PS.Case No. -156 Year- 2012 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Pawan Singh .... .... Petitioner/s

Versus

1. State of Bihar ,

2. Sonali Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is languishing in custody since 7.4.2016 in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and birth of two children. The petitioner claims to have filed Matrimonial Suit No. 5336 of 2014 with a prayer for divorce whereas the informant along with her children and grand parents are residing in the matrimonial house and they have virtually driven out the parents of the petitioner. They also made assault to the petitioner and his parents. The informant has also filed Title Suit making her

Patna High Court Cr.Misc. No.34654 of 2016 (2) dt.16-08-2016 2/2 mother as natural guardian of the children of the petitioner. The informant has also filed Maintenance Case No. 38 of 2015. It is submitted by learned counsel for the informant that the informant admits that she is residing with her two children in the matrimonial house but the petitioner is not maintaining her and her parents used to visit her only to supply daily needs. The informant is still ready to resume the conjugal life. Considering the nature of accusation, filing of matrimonial suit at earlier point of time and the fact that the investigation has already concluded, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Patna in connection with Sri Krishnapuri P.S. Case No. 156 of 2012.

(Dinesh Kumar Singh, J) Anil/- U T