Munna Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26328 of 2016 Arising Out of PS.Case No. -234 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Munna Singh, son of Keshav Singh, resident of Village- Englishpur, P.S.- Ara Muffasil, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Devi, daughter of Yogi Singh, resident of Village- Kodhwa, P.S.- Jagdishpur, District- Bhojpur.

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

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2017 Heard learned counsels for the petitioner, informant and the State.

The petitioner and the informant are present in the Court.

The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 406/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of

Patna High Court Cr.Misc. No.26328 of 2016 (8) dt.10-02-2017 2/3 dowry demand.

The matter was adjourned on several occasions to get the issue reconcile but the issue could not reconcile. The counsels of both sides tried their best to get the issue reconcile between the parties but it failed on the question of quantum of one time settlement amount.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant having no issue. Since the informant deserted the petitioner, the petitioner performed second marriage hence he is not ready to keep her.

It is submitted by learned counsel for the informant that since the petitioner performed second marriage, hence, the informant is not ready to resume the conjugal life. Under the circumstances, the chances of issue being reconciled, at present, appears to bleak.

Let the learned Court below consider the prayer for regular bail of the petitioner without being prejudiced by the order of this Court, if the petitioner surrenders within a period of six weeks in connection with Bhojpur Mahila P.S. Case No.234/2016, pending before the learned SDJM, Bhojpur at Ara.

Patna High Court Cr.Misc. No.26328 of 2016 (8) dt.10-02-2017 3/3 With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T