Deban Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38470 of 2015 Arising Out of PS.Case No. -558 Year- 2011 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Deban Singh Son of Sri Ramjee Singh resident of Village- Latra Bishanpur ,Post Harinmar ,P.s Bariyarpur, District Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bulbul Devi wife of Sri Deban Singh, Daughter of Sri Manilal mandal presently resident of Village- Bahadurpur,Post-Harinmar,P.s Bariyarpur District Munger .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Petitioner being husband of the daughter of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences under Sections 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that wife of the petitioner, to a Court question during under Section 202 Cr.P.C enquiry has specifically stated that she is not ready to reside with the petitioner. The same has been brought on record as Annexure-3 to the petition. In the alternative, petitioner is ready to make

Patna High Court Cr.Misc. No.38470 of 2015 (2) dt.24-08-2015 2/3 payment of Rs. 1500/- to the daughter of the complainant from October, 2015 by depositing the same in the bank account of the daughter of the complainant by second week of every month.

Considering the present stand of the petitioner, 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, Munger in connection with Complaint Case No. 558C of 2011.

The petitioner undertakes to serve a copy of this order to the daughter of the complainant within a period of two weeks, when it is expected from the daughter of the complainant to supply the bank account number within a period of three weeks thereafter by filing the same on affidavit before learned Court below. If the daughter of the complainant fails to accept the payment, the same shall be deposited before learned Court below which will be subject to the result of the case.

The abovementioned payment will be subject to any order being passed in matrimonial or maintenance proceeding.

Three consecutive defaults in making

Patna High Court Cr.Misc. No.38470 of 2015 (2) dt.24-08-2015 3/3 payment will give liberty to the daughter of the complainant to file appropriate application for cancellation of bail of the petitioner.

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