Deepak Kumar Singh @ Deepak Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16045 of 2017 Arising Out of PS.Case No. -336 Year- 2016 Thana -ARA MUFFSIL District- BHOJPUR ======================================================
1. Deepak Kumar Singh @ Deepak Kumar, son of Ashok Singh, R/o Village- Bimawa , P.O.- Haradiya, P.S.- Jagdishpur, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Manju Devi, wife of Deepak Kumar Singh, D/o Late Shivjee Singh, resident of village- Bimawa, P.O.- Haradiya, P.S.- Jagdishpur, DistrictBhojpur, at present -Kanri, P.O.- Dhobaha Bazar, P.S.-Ara Muffasil, District- Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, APP Mr. Ravindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 20-07-2017 Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2. The Petitioner apprehends his arrest in Dhobah OP (Ara Muffasil) P.S. Case No.336 of 2016 instituted for the offence under Section(s) 323, 379, 498-A, 504/34 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Petitioner, who is husband of the informant, is present in Chambers. Wife-Opposite Party No.2 is not present. Petitioner is ready to keep the wife with full dignity and care.
In such circumstances, this application is disposed off with direction to petitioner to surrender before the Court
Patna High Court Cr.Misc. No.16045 of 2017 (4) dt.20-07-2017 2/3 below i.e. Chief Judicial Magistrate, Bhojpur, within a period of six weeks from today in connection with Ara Muffasil P.S. Case No.336 of 2016, along with Affidavit that he will keep the wife with full dignity and care and in the event the Court below finds that petitioner is ready to keep the wife with full dignity and care, the court below will release the petitioner on provisional bail to its own satisfaction for a period of six months and will issue notice to the wife-Opposite Party No.2 and on appearance of Opposite Party No.2, will try to reconcile the matter and if Opposite Party No.
2 becomes ready to live with the petitioner, the Court below will monitor the relationship between the parties by calling both of them every month in the Court and in the event the Court below finds that good conjugal relationship has been restored between husband and wife and wife does not make any complain about the physical and mental torture committed by the petitioner during the period of her stay with him or Court below finds that good conjugal relationship could not be restored on account of indifferent attitude of wife, or the wife does not appear even after service of notice, the Court below will confirm the provisional bail of the petitioner after six months.
It is made clear that in the event the petitioner does not surrender in the Court below along with Affidavit, as ordered
Patna High Court Cr.Misc. No.16045 of 2017 (4) dt.20-07-2017 3/3 above, or during the period of monitoring the wife makes complain about physical and mental torture committed by the petitioner and the Court below is satisfied with such statement or on appearance of wife the petitioner does not become ready to take her with him, it will be open to the Court below to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner without taking into consideration the observations made above by this Court. This application is, accordingly, disposed off. (Sanjay Priya, J) JA/- U T