Manish Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46567 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -TAJPUR District- SAMASTIPUR ====================================================== Manish Kumar Singh S/o Late Arun Kumar Singh R/o Vill.- Bagbora Colony, Road No. 1, House No. 14/2/1 P.S.- Bagbora, Dist.- Jamsedpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Priyadarshani Kumari, D/o- Bibhuti Narayan Trivedi, R/o Malpur, P.S.- Tajpur (Halai O.P.), District- Samastipur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Anil Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant. The petitioner filed Matrimonial Suit No. 37 of 2015 for restitution of conjugal life and is still ready to keep the informant as wife with full
Patna High Court Cr.Misc. No.46567 of 2015 (2) dt.01-10-2015 2/3 dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "That it is also not out of place to mention here that the petitioner has always acted with the complainant as the devoted husband and even now the petitioner is willing to keep her with full love, affection, dignity and everything as she wants."
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 09 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the
Patna High Court Cr.Misc. No.46567 of 2015 (2) dt.01-10-2015 3/3 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T