Anil Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41550 of 2014 Arising Out of PS.Case No. -1771 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Anil Singh Son of Late Paras Singh Resident of Village-Mathiyanandlal, P.S.-Kuchaikote, District-Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Sarita Devi Wife of Anil Singh Resident of Village-Mathiyanandlal, P.S.-Kuchaikote, District-Gopalganj. At present daughter of Dina Nath Singh Resident of Village-Ekderwa, P.S.+District-Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08/ 03-12-2015 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 wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

Patna High Court Cr.Misc. No.41550 of 2014 (8) dt.03-12-2015 2/3 The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant but the petitioner filed Matrimonial Suit No. 109 of 2013 on 08.07.2013 for dissolution of the marriage on the ground of desertion and thereafter the present complaint has been filed on 09.07.2013. It is further submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Though, statement to that effect has not been made in the petition.

It is submitted by learned counsel for the complainant that the complainant went missing from her parents' house for which a complaint case has been lodged which has been transmitted under Section 156(3) Cr.P.C. for registration of the police case but he has not aware about the number of the police case. The complainant will accept the offer if she returns.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.41550 of 2014 (8) dt.03-12-2015 3/3 amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj in connection with Complaint Case No. 1771 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

DKS/ (Dinesh Kumar Singh, J.) U T