Biresh Kumar Singh @ Biresh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53126 of 2015 Arising Out of PS.Case No. -2144 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Biresh Kumar Singh @ Biresh Singh, Son of Shri Binda Singh Resident of Village- Pirapur, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rakhi Gunjan, Wife of Biresh Kumar Singh and Daughter of Raghunath Singh at present reside at Village- Fatikbara, Post & P.S. Desari, DistrictVaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner being husband of the petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.

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

Patna High Court Cr.Misc. No.53126 of 2015 (2) dt.23-11-2015 2/3 complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 15 of the petition which reads as follows:

"That apart from above petitioner is ready to keep his wife/complainant."

More over, the petitioner also filed Matrimonial Suit No.37 of 2013 for the restitution of conjugal rights but subsequently the complainant has filed Matrimonial Suit No. 61 of 2015 with a prayer for divorce.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Vaishali at Hajipur in connection with Complaint Case No. 2144 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The present order will not preclude the complainant to resume conjugal life. In case she files such application before the learned court below then the learned

Patna High Court Cr.Misc. No.53126 of 2015 (2) dt.23-11-2015 3/3 court below will issue notice to the petitioner to appear when the petitioner will be obliged to comply the undertaking given before this court.

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