Chandra Bhushan Singh @ Ghultan Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41569 of 2017 Arising Out of PS.Case No. -1580 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Chandra Bhushan Singh @ Ghultan Singh son of Uma Shankar Singh resident of village - Harpur Hardas, Police Station - Raja Pakar, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Babli Devi daughter of Deo Krishna Singh resident of Kanauji Kachhaura, Police Station - Gopalpur, District - Patna at present C/o Satish Singh, resident of Gosai Math, Police Station - Telmar, District - Nalanda. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 1580-C of 2012 instituted for the offence under Sections 341, 323, 504, 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.
It has been submitted on behalf of the petitioner that the petitioner is ready to keep his wife with full honour and dignity.
The counsel for the opposite party No. 2 has appeared and submitted that at the time of marriage several articles were given which have been kept by her husband i.e. the petitioner.
Patna High Court Cr.Misc. No.41569 of 2017 (3) dt.30-11-2017 2/3 Learned counsel for the petitioner has submitted that petitioner is ready to maintain his wife and daughter with full dignity and care. He however denied about the articles which is alleged to have been given at the time of marriage. Accordingly, this application is disposed off with direction to petitioner to surrender before the Court below i.e. Sub Divisional Judicial Magistrate, Biharsharif, within a period of four weeks from date of receipt of this order in connection with Complaint Case No. 1580-C of 2012, along with Affidavit that he will keep the wife with full dignity and care.
Patna High Court Cr.Misc. No.41569 of 2017 (3) dt.30-11-2017 3/3 indifferent attitude of wife or the wife does not appear even after valid service of notice, the court below will confirm the provisional bail of the petitioner after nine months. It is made clear that in the event the petitioner does not surrender in the court below along with Affidavit, as ordered above, or the petitioner refuses to keep the wife on her appearance in court below or wife during the period of monitoring makes complain about physical and mental torture committed by the petitioner to which the court gets satisfied, 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.
Application is disposed off with aforesaid direction. (Sanjay Priya, J) S.Ali/- U T