Dipak Kumar Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.48001 of 2014 (4) dt.06-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48001 of 2014 Arising Out of PS.Case No. -166 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Dipak Kumar Singh Son of Bisheshwar Singh Resident of VillageBAseyan, P.S.-Piro (Agiawan Bazar), District-Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Janardan Singh Son of Late Ram Pariksha Singh Resident of VillageJendauni, P.S.-Jagdishpur, District-Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2015 It appears from office report dated 05.08.2015 that notices have been validly served on opposite party no. 2 but opposite party no. 2 has not chosen to appear before this court. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 166 of 2014 registered for the offences punishable under Section 323, 406, 498A and 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the lady, in question, was suffering from Neuro problem and yet the petitioner is ready and willing to keep her with full dignity and honour and that there shall be no recurrence of untoward

Patna High Court Cr.Misc. No.48001 of 2014 (4) dt.06-08-2015 incident so as to prejudice her and cause mental torture. Considering the aforesaid submissions and also the fact that despite service of notice, opposite party no 2 has not chosen to appear before this court, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Ara in connection with Mahila P.S. Case No. 166 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

It is however made clear that if there shall be recurrence of untoward incident so as to prejudice her and cause mental torture, it will be open for the opposite party no. 2 to seek appropriate remedy in accordance with law. (Anjana Mishra, J) Jagdish/- U T