Bhim Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22893 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Bhim Singh, son of Late Baliram Singh .... .... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Devi wife of Bhim Singh .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 494, 379, 504, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and has not performed second marriage. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That the petitioner has not solemnized second marriage"
It is further submitted that petitioner is ready to keep the informant as wife with full dignity and honour. A
Patna High Court Cr.Misc. No.22893 of 2016 (2) dt.20-05-2016 2/3 statement to that effect has been made in para 8 of the petition which reads as follows:- "That the petitioner is ready to keep the informant as wife with full honour and dignity"
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 77 of 2016.
Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.
The provisional bail of the petitioner will also
Patna High Court Cr.Misc. No.22893 of 2016 (2) dt.20-05-2016 3/3 not be confirmed by learned Court below if substantial proof comes that petitioner has performed second marriage. (Dinesh Kumar Singh, J) Shageer/- U T