Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36898 of 2015 Arising Out of PS.Case No. -532 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Santosh Singh, S/o Haribansh Singh, resident of village- Sultanpur Purwari Tola, P.S.- Mohiuddin Nagar, District- Samastipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Smt. Anuradha Singh, Advocate For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 427, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that earlier the informant filed C.I. Case No. 911 of 2013, wherein the petitioner was granted provisional bail thereafter the present case has been lodged. Moreover, the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para- 11 of the petition
Patna High Court Cr.Misc. No.36898 of 2015 (2) dt.18-08-2015 which reads as follows:- "That the petitioner is still ready to keep the informant but she herself did not want to live with the petitioner."
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Considering the above fact, 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 bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hazipur in connection with Hajipur Town P.S. Case No. 532 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
If the informant files an application before learned court below for resuming s conjugal life then the petitioner will be obliged to comply the undertaking given before this Court. (Dinesh Kumar Singh, J) P.K./- U T