Vipin Kumar@ Bipin Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12093 of 2016 Arising Out of PS.Case No. -1852 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Vipin Kumar@ Bipin Singh Son of Rajendra Singh, Resident of villageVajidpur, Sarsouna P.S.- Bangra, District- Samastipur .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2016 The petitioner being husband of the daughter of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494/34 of the Indian Penal Code. The basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the daughter of the complainant and has not performed second marriage. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That it is submitted that petitioner has not solemnized second marriage as

Patna High Court Cr.Misc. No.12093 of 2016 (2) dt.11-03-2016 2/3 alleged on complaint petition"

It is further submitted that petitioner is ready to keep the daughter of the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is ready to keep his 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 six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 1852 of 2015. Let learned Court below issue notice to the daughter of the complainant and fix a date for her appearance. On appearance, the petitioner will take the daughter of the complainant 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 daughter of the complainant fails to appear before learned Court below (iii) If

Patna High Court Cr.Misc. No.12093 of 2016 (2) dt.11-03-2016 3/3 the daughter of the complainant is reluctant to reconcile the issue.

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