Amar Kumar Singh @ Amarjeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50607 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== AMAR KUMAR SINGH @ AMARJEET SINGH Son of Late Chanchal Singh Resident of Village - Kewash Jagir, P.S.- Samastipur Muffasil, District - Samstipur.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Gita Devi Wife of Amar Kumar Singh @ Amarjeet Singh Daughter of Late Ram Vilas Singh, Resident of Village - Kewash Jagir, P.S.- Samastipur Muffasil, District - Samstipur, Present Village - Gara, P.S.- Bhagwanpur, District - Begusarai.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2019 Heard both sides.
The petitioner apprehends his arrest in Complaint case No. 161 (C)/ 2019 for the offences allegedly committed by the petitioner under Section 498A, 323, 342, 379 of the IPC and u/s 3/4 of Dowry Prohibition Act.
The complainant disclosed that her husband subjected her to all sorts of torture due to non fulfillment of demand of dowry. So long as her father was alive he was meeting all the demands of the petitioner but thereafter the petitioner brutally assaulted and drove her out from the house due to non fulfillment of additional demand of dowry. The complainant got
Patna High Court CR. MISC. No.50607 of 2019(2) dt.14-08-2019 2/3 four children.
The learned counsel for the petitioner submits that petitioner is ready to keep his wife with all honour and dignity and the petitioner has also filed a petition for restitution of conjugal rights.
The learned counsel for the complainant submits that complainant is ready to live with her husband provided her husband undertakes not to assault or misbehave with her. Taking into consideration the facts aforesaid and the fact that petitioner and complainant are ready to restore their conjugal relation on the undertaking of petitioner that he would keep his wife with all honour and dignity, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Begusarai in connection with Complaint case No. 161 (C)/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Thereafter, the learned court
Patna High Court CR. MISC. No.50607 of 2019(2) dt.14-08-2019 3/3 below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, without any fault of the wife, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse four months. (Prabhat Kumar Jha, J) BKS/- U T