Tripurari Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44182 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -AURANGABAD COMPLAINT CASE DistrictAURANGABAD ====================================================== Tripurari Singh, son of Sri Vashisth Singh, resident of Village-Nawada Ben P.S.-Gajara Jangal, District-Ara(Bhojpur) at present address Narsa Birala Dhal(Gest House) Colony Ptralay Nirsa, P.S.-Nirsa, DistrictDhanbad(Jharkhand) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rampukar Singh son of Late Parmanand Singh

3. Pinki Devi daughter of Parmanand Singh, both resident of Village and P.O.-Tara P.S.-Obra, District-Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Petitioner being husband of the sister of the complainant is apprehending his arrest in a complaint case filed with accusation under Sections 498A, 149, 379 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the sister of the complainant but the petitioner filed Matrimonial Suit No. 220 of 2013 on 18.05.2013 with a prayer for divorce whereas the present complaint was filed on 17.01.2014. Hence, in the circumstance the reconciliation does not appear to be feasible. In the alternative, petitioner is ready to make

Patna High Court Cr.Misc. No.44182 of 2015 (2) dt.16-09-2015 2/3 payment Rs. 2000/- to the sister of the complainant from October, 2015, by depositing the same in the bank account of the informant by second week of every month.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No. 25 of 2014.

The petitioner undertakes to serve the order of this Court upon the sister of the complainant within a period of two weeks when it is expected from the sister of the complainant to supply her bank account number within a period of three weeks thereafter by filing the same on affidavit before learned Court below. If the sister of the complainant fails to submit the bank account number then the aforesaid amount will be deposited before learned Court below which will be invested in some fixed deposit scheme in connection with the present case which will be subject to the result of the case. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceeding.

Three consecutive defaults in making

Patna High Court Cr.Misc. No.44182 of 2015 (2) dt.16-09-2015 3/3 payment will give liberty to the sister of the complainant to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T