Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54353 of 2019 Arising Out of PS. Case No.-4498 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SATYENDRA KUMAR Son of Nagendra Kumar Resident of Mohalla- Veer Kunwar Singh Colony, P.S.- Magadh Medical, District- Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Puja Sinha Wife of Satyendra Kumar Resident of Village- Masaurhi, P.S.- Masaurhi, at Present - P.C. Colony, P.S.- Patrakar Nagar, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the petitioner, complainant and the State.

The petitioner, being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act.

The prosecution case, as per the complaint petition is to the effect that the complainant was married with the petitioner on 02.12.2015, but subsequent to the marriage, further dowry demand of Rs. 4 lacs was made and due to non-fulfillment of the same, the complainant was tortured and ultimately she was

Patna High Court CR. MISC. No.54353 of 2019(4) dt.04-03-2020 2/3 driven out from her matrimonial house by all the accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 10 of the petition, relevant portion of the same reads as follows:- "....he wants to keep his wife with full honour and dignity."

It is further submitted that the petitioner has also filed Matrimonial Suit No. 391 of 2017 with a prayer for restitution of conjugal rights.

Learned counsel for the complainant submits that since the petitioner raised doubt about the chastity of the informant, hence she is not ready to accept the offer of the petitioner and she is not ready to reside with the petitioner. However, the informant has also filed a case for maintenance.

Considering the present stand of the parties, particularly, with regard to readiness of the petitioner to keep the complainant as wife with full dignity and honour, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.54353 of 2019(4) dt.04-03-2020 3/3 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Patna in connection with Complaint Case No. 4498 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. However, it is expected from the petitioner to appear before the learned Court below where the maintenance case filed by the complainant is pending regularly. Non-appearance of the petitioner before the learned Court below will amount to breach of the condition of the grant of bail. (Dinesh Kumar Singh, J) Amrendra/- U T