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Patna High CourtCR. MISC./23409/2019disposed

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

2019-11-16Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23409 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Sanjeet Singh @ Sanjeet Kumar Singh, S/o Late Mahendra Singh R/o Mohalla- Bhatti Gali, Bihari Mill, Ara, P.S.- Ara, Nawada, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 354 and 379/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, is that the informant was married with the petitioner on 11.05.2014, but subsequent to the marriage, further demand of dowry of a motorcycle was made and due to non-fulfillment of the same, torture was inflicted upon the informant by the petitioner and other in-laws family members.

Learned counsel or the informant submits that initially the petitioner made an attempt to reconcile the issue, but the issue

Patna High Court CR. MISC. No.23409 of 2019(6) dt.16-11-2019 2/3 could not be reconciled. But now the issue has been resolved between the parties to the effect that they want to part ways on payment of one time settlement amount of Rs. 4.5 lacs and the contention of learned counsel for the petitioner is not being controverted by the learned counsel for the informant. Both sides agree that they will file matrimonial suit for dissolution of marriage with consent under Section 13B of the Hindu Marriage Act before the learned Principal Judge, Family Court, Bhojpur, Ara within a period of one month from the date of production of a copy of this order.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Ara in connection with Mahila P.S. Case No. 159 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. The bail bonds of the petitioner will be accepted by the learned Court below on deposit of bank draft of Rs. 1 lac by the petitioner before the learned Court below which will be released in favour of the informant.

Patna High Court CR. MISC. No.23409 of 2019(6) dt.16-11-2019 3/3 The rest amount of Rs. 3.5 lacs through bank draft will be deposited before the learned Principal Judge, Family Court, Bhojpur at Ara within a period of four months which will be released by the said Court to the informant before conclusion of matrimonial suit, if so filed.

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