Ram Balak Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30011 of 2016 Arising Out of PS.Case No. -604 Year- 1999 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Ram Balak Singh S/o Late Saryug Singh .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi W/o Ram Balak Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case filed with accusation for the offences punishable under Sections 323, 379 and 498A of the Indian Penal Code wherein process has been directed to be issued after cognizance being taken.

Basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant in

Patna High Court Cr.Misc. No.30011 of 2016 (2) dt.22-07-2016 2/3 1991 but due to the bad attitude of the complainant, the petitioner left his house and returned the house after seven years and during the period of seven years he worked in a garment factory as a labourer at Surat. However, the petitioner is still ready to keep the complainant as wife with full honour and dignity. A statement to that effect has been made in paragraph 18 of the petition, which reads as under :- "That it will not be out of place to mention here that with the intervention of the local people and the well wishers the petitioner became ready to keep the complainant at the place of his employment with full due dignity and honour." Considering the fact that the complaint was filed in 1999, this Court is not inclined to enlarge the petitioner on anticipatory bail, but keeping in view of the present stand of the petitioner, it is a case for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.604/99, pending before the learned SDJM, Hajipur at Vaishali.

Patna High Court Cr.Misc. No.30011 of 2016 (2) dt.22-07-2016 3/3 With the above observation, this application is, accordingly, disposed off.

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