Dinesh Kumar Singh @ Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30444 of 2019 Arising Out of PS. Case No.-558 Year-2016 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== DINESH KUMAR SINGH @ DINESH SINGH Son of Late Ramchandra Singh Resident of Village - Malti, P.O. - Bhagwan Deshisa, P.S.- Ujiyarpur, Distt - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Minakshi Kumari Wife of Dinesh Singh, D/o Brahmdeo Singh Resident of Hasanpur, P.S.- Mufassil, Distt - Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.558© of 2016 , registered for offences punishable under Sections 498(A), 406, 323 of the Indian Penal Code and Section 3⁄4 of the D.P.Act.

As per the complaint petition, petitioner happens to be husband of the complainant and demanding motorcycle as dowry and for non-fulfillment tortured her physically and mentally. It further appears that the petitioner does not want to continue his conjugal life with the complainant. Submission of the learned counsel for the petitioner is that the allegations are false and concocted and the statement of the girl itself shows that she does not want to go to her

Patna High Court CR. MISC. No.30444 of 2019(4) dt.27-09-2019 2/2 sasural and the petitioner is ready to keep her. Heard learned A.P.P. also.

Having heard both sides. In this case notice was issued to the O.P.no.2 and the service report also discloses that she has received the notice personally but nobody appears on behalf of the O.P.no.2 nor any Vakalatnama has been filed on her behalf. In view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Munger in connection with Complaint Case No.558© of 2016 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that if O.P.no.2 is ready to reside with the petitioner in future, in such circumstances, the petitioner has to keep her with dignity and care.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T