Amar Kumar Singh @ Amar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31518 of 2019 Arising Out of PS. Case No.-1319 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

AMAR KUMAR SINGH @ AMAR SINGH Son of Uma Shankar Singh Resident of Village - Chhapra, P.S.- Tariyani, Distt - Sheohar at present Residing in Mohalla - Shekhpur (Sadhu Gachhi), Akhara Ghat, P.S.- Ahiyapur, Distt - Muzaffarpur.

2.

Uma Shankar Singh Son of Muktinath Singh Resident of Village - Chhapra, P.S.- Tariyani, Distt - Sheohar at present Residing in Mohalla - Shekhpur (Sadhu Gachhi), Akhara Ghat, P.S.- Ahiyapur, Distt - Muzaffarpur. 3.

Sita Devi Wife of Umashankar Singh Resident of Village - Chhapra, P.S.- Tariyani, Distt - Sheohar at present Residing in Mohalla - Shekhpur (Sadhu Gachhi), Akhara Ghat, P.S.- Ahiyapur, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Puja Singh Wife of Amar Kumar Singh, D/o Lakshmeshwar Singh at present Residing at Village - Bishunpur Basudeo, P.S.- Runnisaidpur, Distt - Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Complaint Case NO.C1/1319 of 2016 dated 1.9.2016 , registered for offences punishable under Sections 323, 498A, 120B of the Indian Penal Code.

Petitioner no.1 is the husband of the complainant and other petitioners have already been granted privilege of bail,

Patna High Court CR. MISC. No.31518 of 2019(3) dt.23-07-2019 2/3 vide order dated 13.5.2019.

Allegation as per the complaint petition is that the complainant was subjected to assault and cruelty by the petitioner no.1 for demand of dowry.

Submission of the learned counsel for the petitioner no.1 is that the allegations are false and concocted. They are still ready to keep her with dignity and care. On the other hand learned counsel for the O.P.no.2 has submitted that she has no objection in residing with the petitioner if she is allowed to live with dignity and care and not subjected to assault. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner no.1, above named, surrender before the learned court below on 8.8.2019 and on that day O.P.no.2 shall also remain present. Further on filing an affidavit by petitioner no.1 that he will keep her and will not subject her to assault or cruelty, the petitioner shall be released on provisional bail for a period of six months and during that period, both the parties have to appear before the learned court below in the third week of each month and once the court is satisfied with the matrimonial relationship and the

Patna High Court CR. MISC. No.31518 of 2019(3) dt.23-07-2019 3/3 conduct of both the parties especially the conduct of the petitioner, considering the same he will pass order either confirming the bail bond of the petitioner or cancelling the bail bond of the petitioners, as the case may be.

With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T