Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26162 of 2019 Arising Out of PS. Case No.-354 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== CHANDAN KUMAR SINGH S/o Chakradhar Singh Permanent R/o Daualatchak, P.S.- Kashichak, District- Nawada, At present- Residence No. 18, Ground Floor, 1st Main Road, Koramangala, P.S.- Koramangala, Bangalore, Karnataka.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Shweta Kumari W/o Chandan Kumar Singh, D/o Sri Rabindra Kumar Bharti Presently Working at - As Spanish Analyst, Emp. No. E12937, At AXA Business Services, Manyata Tech Park, Outer Ring Road, Bennur, P.s.- Sampigehalli, Bangalore- Karnataka, Presently R/o No. 401, 4th Cross, Kuvempunagar, Vigyanapura, P.S.- Ramamurthy Nagara, District- Banglore, Karnataka, Permanently R/o Village- Daulatpur, P.S.- Warisaliganj, DistrictNawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Warisaliganj Police Station Case No.354 of 2018 registered for the offences punishable under Sections 498(A), 377/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Petitioner happens to be the husband of the informant.
As per allegation in the F.I.R., there is allegation of demand of dowry and torture for the same by assaulting her,
Patna High Court CR. MISC. No.26162 of 2019(5) dt.24-10-2019 2/3 causing injury to her and also forced her for unnatural act. Submission of learned counsel for the petitioner is that large number of cases are going on between the parties. Both parties are literate person. Petitioner is working in Bengaluru and as per the information the wife of the petitioner is also working in Bengaluru. Further submission is that the matter was referred to the Patna High Court Mediation and Reconciliation Centre but the mediation failed as opposite party No.2 misbehaved with the petitioner and there was demand of Rs.60,00,000/- (Rupees Sixty Lacs) as one time settlement. Thus, petitioner is not ready to co-operate. Learned counsel further submitted that a maintenance case has also been filed by the informant bearing Maintenance Case No.53 of 2019 pending before the learned Family Court, Nawada.
On the other hand, learned counsel for the informant has opposed the prayer for anticipatory bail on the ground that petitioner is not ready to keep her with dignity and care nor is ready for one time settlement. Further submission is that she is not in job and is not residing in her matrimonial house.
Having heard both sides and in view of the facts as stated above, since the matter relates to matrimonial dispute,
Patna High Court CR. MISC. No.26162 of 2019(5) dt.24-10-2019 3/3 this application is disposed of with direction to the petitioner to surrender before the court below within three weeks from the date of receipt/production of copy of this order. On surrender, he will be released on bail to the satisfaction of the learned court below with condition that he will co-operate in disposal of the above maintenance case and will abide by any order/orders passed by the Family Court interim or final until the same is modified or set aside by some Higher Court.
Let a copy of this order be communicated to the learned Principal Judge, Family Court, Nawadah for needful. (Vinod Kumar Sinha, J) abhishek/- U T