Manni Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9230 of 2015 Arising Out of PS.Case No. -255 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Manni Kumar Singh Son of Sri Jagdish Singh, Resident of Village - Suari, Police Station Garhani (Agiaon) in the district of Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Smt. Sarita Devi Wife of Sri Manni Kumar Singh and daughter of Sri Shivji Singh, presently residing in village - Balia, Police Station - Charpokhari in the district of Bhojpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Prabhu Narayan Sharma For the Opposite Parties : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences under Sections 323, 341, 498A, 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is torture for nonfulfilment of dowry demand. The factum of marriage between the petitioner and the informant having no issue are admitted fact. The informant is ready to resume the conjugal life but the petitioner is not ready to accept the offer due to the past conduct of the informant. The petitioner is army personnel.

Patna High Court Cr.Misc. No.9230 of 2015 (3) dt.12-05-2015 2/3 It is submitted by learned counsel for the petitioner that Matrimonial Suit No. 342 of 2013 for divorce was filed on 30.11.2013 when the present F.I.R was registered on 21.11.2014.

The petitioner is ready to make payment of Rs. 3000/- to the informant from June, 2015, by depositing the same in the bank account of the informant by second week of every succeeding month. The aforesaid offer is acceptable to the informant who undertakes to supply the bank account number within a period of three weeks by filing the same on affidavit before learned Court below.

Considering the filing of the matrimonial suit at earlier point of time and the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur, Ara in connection with Mahila P.S. Case No. 255 of 2014.

The aforesaid payments will be subject to any order being passed in matrimonial or maintenance, or related proceeding.

Three consecutive defaults in making payment will give liberty to the informant to file appropriate

Patna High Court Cr.Misc. No.9230 of 2015 (3) dt.12-05-2015 3/3 application for cancellation of bail of the petitioner. The present order in no way will preclude the parties to resolve the issue otherwise.

(Dinesh Kumar Singh, J) Shageer/- U T