Rana Kumar Singh @ Rana Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2032 of 2015 Arising Out of PS.Case No. -2047 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Rana Kumar Singh @ Rana Singh son of Sri Chandrika Singh resident of Village - Himmat Patti, Parsauni, P.S. - Sahebganj, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Devi W/o Rana Kumar Singh, at present village - Kauthwalia, P.S. Kalyanpur, District -West Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case filed for the offences punishable under Sections 498A, 323, 341, 379, 504, 506 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The accusation is of torture for nonfulfillment of the dowry. It is submitted by learned counsel for the petitioner that the marriage between the petitioner and the
Patna High Court Cr.Misc. No.2032 of 2015 (03) dt.02-04-2015 2/3 complainant in 2009 having no issue is admitted. The complainant left the house of the petitioner even after informing the complainant's family lodged Complaint Case No. 1874 of 2013 making accusations under Sections 304B, 498A, 323 of the IPC and 3/4 of Dowry Prohibition Act. Subsequently, the complainant appeared and thereafter the present case has been lodged. Though, the petitioner has also filed Matrimonial Suit No. 416 of 2013 for divorce on 25.10.2013.
Though, it is submitted by learned counsel for the complainant that the complainant is ready to resume the conjugal life, but in the background of lodging complaint under Section 304B of the IPC the petitioner is apprehensive to reconcile the issue. However, petitioner is ready to pay Rs.2,500/- per month from May, 2015 to the complainant by depositing the same in her account by second week of every month. Learned counsel for the complainant accepts the offer on behalf of the complainant and submits that the bank account number will be submitted before the learned court below on affidavit within a period of two weeks.
Considering the stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below
Patna High Court Cr.Misc. No.2032 of 2015 (03) dt.02-04-2015 3/3 within a period of twelve weeks from today, 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, East Champaran at Motihari in connection with Complaint Case No. 2047 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The aforesaid payment will be subject to any order being passed in matrimonial, maintenance or other proceeding.
Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.
(Dinesh Kumar Singh, J) DKS/- U T