Jitendra Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.52803 of 2015 (3) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52803 of 2015 Arising Out of PS.Case No. -885 Year- 2010 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Jitendra Singh, S/o Late Sheo Dayal Singh, Resident of Kuchhila, P.S.- Kuchhila, District- Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shaila Devi W/o Jitendra Singh, r/o Kuchhila, P.S..- Kuchhila, DistKaimur (Bhabhua). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 885 ( C ) of 2010 for the offences alleged under Sections 323, 341, 504 and 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

The allegation as made out by the complainant is that her husband and his family members used to torture and assault her because of illicit relationship of her husband with one Ramamuni Devi, who is also one of the accused, resultantly the complainant was ousted by her husband although her marriage was solemnized 12-13 years back. The complainant has further stated

Patna High Court Cr.Misc. No.52803 of 2015 (3) dt.18-12-2015 that she had earlier also lodged a case against her husband for assault and torture.

Learned counsel for the petitioner- husband submits that his wife (complainant) is living with him with full honour and dignity and he is ready to keep his wife and also pay her monthly expenses of Rs. 1000/-(one thousand).

On such undertaking of payment of Rs. 1000/-(one thousand) per month as expenses, which is to be paid by 15th of every month beginning from January, 2016 to the complainant by the petitioner-husband, let the petitioner, above named, in the event of his arrest/surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Kaimur (Bhabhua) in connection with Complaint Case No. 885 ( C ) of 2010, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Nilu Agrawal, J) singh/- U T