Dhirendra Singh @ Diku @ Dheerendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44812 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- GURUA District- Gaya ====================================================== DHIRENDRA SINGH @ DIKU @ DHEERENDRA KUMAR SINGH Son of Birendra Singh Resident of Village - Lalgarh, P.S. - Gurua, District - Gaya. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Rupa Kumari Wife of Dhirendra Singh @ Diku @ Dheerendra Kumar Singh Resident of Village - Lalgarh, P.S. - Gurua, District - Gaya. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar Thakur For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This application, for grant of anticipatory bail, arises out of Gurua P.S. Case No. 65 of 2019, disclosing offences under Sections 323, 307, 328, 498A and 34 of the Indian Penal Code.
Allegation against the petitioner and others is of torture the informant with respect to demand of dowry of Rs. Two Lakh. It is also alleged that on 22.03.2019, while she was sleeping accused persons came in her room and her husband and her mother in law fastened her hand with rope with the help of father in law and administered drug, thereafter, she fell unconscious and later on found herself at Magadh Medical Hospital, Gaya.
Patna High Court CR. MISC. No.44812 of 2019(3) dt.18-10-2019 2/3 Submission of learned counsel for the petitioner is that informant is in habit of lodging false cases as earlier also, she has lodged a case, in which, the petitioner was granted the privilege of anticipatory bail now again this false case has been lodged. However, he is still ready to keep the informant - wife with full honour and dignity.
Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant has submitted that after compromise in the earlier case, the informant was taken to her matrimonial house but again she was tortured and forcibly administered drug and she was treated at hospital, however, in spite of that she is still ready to live with the petitioner, if she is not being tortured. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the informant to appear before the concerned court below on 14.11.2019 and if the petitioner files a petition that he is ready to keep the informant with himself with full honour and dignity and if he is willing to take the informant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of six months to
Patna High Court CR. MISC. No.44812 of 2019(3) dt.18-10-2019 3/3 his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the informant and petitioner in the fourth week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties, specially the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he is free to pass any order as he deems fit and proper including cancellation of provisional bail of the petitioner. With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T