Ranjit Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47183 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Ranjit Singh Son of Krishna Kumar Singh @ Krishna Kant Singh @ Bechan Singh Resident of Village-Dumari, P.S.-Rahika, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sangita Devi Wife of Ranjit Singh Resident of Village-Dumari, P.S.- Rahika, District-Madhubani, presently resides at her naihar, daughter of Dinesh Singh Resident of Village-Khanjipur Malaigiya, P.S.-Rahika, District-Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Gagandeo Yadav & Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and the informant.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 379, 498A, 376/511 of the Indian Penal Code.

The basic accusation is of torture.

It is specifically alleged against the father of the petitioner that he made an attempt to ravish the informant.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the

Patna High Court Cr.Misc. No.47183 of 2015 (6) dt.09-08-2016 informant. The informant earlier filed Complaint Case No. 993 of 2012 against the petitioner with similar accusation which ended into compromise. The father of the petitioner with griever accusation has been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 16146 of 2015. A supplementary affidavit has been filed on behalf of the petitioner that the petitioner is suffering from some serious mental abrasion and this fact has also been recorded by the investigating agency during the investigation.

It is submitted by the learned counsel for the informant that the petitioner has not paid the maintenance amount awarded in the M.R. Case No. 143 of 2012 on 06.04.2013.

It is submitted by the learned counsel for the petitioner that petitioner is not in a position to controvert the contention of the learned counsel for the informant that the petitioner is suffering from mental abrasion. In the circumstances, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial

Patna High Court Cr.Misc. No.47183 of 2015 (6) dt.09-08-2016 Magistrate, Madhubani in connection with Madhubani Mahila P.S. Case No. 56 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. In the meantime, the learned court below will conduct an enquiry and if it is found that the petitioner is suffering mental abrasion, then the provisional bail of the petitioner will be confirmed, but if the learned court below finds otherwise, then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) P.K./- U T