Deepak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11789 of 2017 Arising Out of PS.Case No. -308 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Deepak Kumar Singh Son of Mukesh Kumar Singh, Resident of VillageDewadi, Police Station- Ara Muffasil, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Pranav Kumar For the informant : Mr. Aditya Nath ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 The petitioner is apprehending his arrest in connection with Mahila (Bhojpur) Ara P.S. Case No. 308 of 2016, registered for offences punishable under Sections 341, 323, 498(A), 406, 504, 506 and 34 of Indian Penal Code.

It has been submitted on behalf of the petitioner that the present case has been lodged only after the petitioner has filed a divorce case against the informant, in which the opposite party no. 2-informant has also been noticed and now the opposite party no. 2-informant has also filed a petition under Section 24 of the Hindu Marriage Act for maintenance during pendency of the divorce suit.

Heard learned A.P.P. and learned counsel for the informant. Learned counsel for the informant has submitted that

Patna High Court Cr.Misc. No.11789 of 2017 (2) dt.21-03-2017 2/2 there is allegation against the petitioner of torture and demand of dowry and the petitioner is still not ready to keep the opposite party no. 2.

Having heard both sides, considering the facts and circumstances of the case, let petitioner surrender before the court below on 10.04.2017, on which date opposite party no. 2informant shall also remain present and the court below shall mediate between the parties at least with regard to maintenance or if any order passed by the family court and after watching the conduct of the parties, the court below shall release the petitioner on provisional bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhojpur at Ara in connection with Mahila (Bhojpur) Ara P.S. Case No. 308 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that grant of provisional bail to the petitioner shall be outcome of mediation on maintenance between the parties and also be subject to the outcome of divorce suit. (Vinod Kumar Sinha, J) sunil/- U T