Pintu Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67840 of 2018 Arising Out of PS. Case No.-875 Year-2016 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Pintu Singh, Son of Late Mahendra Singh, Resident of Village- Roh, P.S.- Roh, District- Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sima Kumari @ Sima Devi, Wife of Pintu Singh, Resident of Roh, P.S.- Roh, District- Nawada, at present D/o Akloo Singh, Resident of MohallaMalgodam, Mirjapur Chai Road, Nawada P.S.- Nawada, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, as per the complaint petition, is that the marriage between the complainant and the petitioner was performed on 11.06.2003, but subsequent to the marriage further dowry demand was made and for non-fulfillment of the same, torture was inflicted upon her.

Patna High Court Cr.Misc. No.67840 of 2018(2) dt.14-12-2018 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph 8 of the petition, which reads as follows:- "That the petitioner being husband of the informant is always ready to keep Opp. Party no. 2 with full dignity and honour."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or 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 the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 875 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned Court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be

Patna High Court Cr.Misc. No.67840 of 2018(2) dt.14-12-2018 3/3 confirmed by the learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned Court below, or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) DKS/- U T