Aman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54587 of 2019 Arising Out of PS. Case No.-563 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Aman Singh Son of Sankar Singh Resident of Village - Harrakh, P.S.- Begusarai Town, Dist.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Punam Devi Wife of Aman Singh Resident of Village - Harrakh Khothi, P.S. and Dist.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 563 of 2018, registered for the offences punishable under Sections 323, 498A,406, 504 of the Indian Penal Code and Section 3/ 4 of Dowry Prohibition Act.

Prosecution is that a complaint petition has been lodged by the complainant who happens to be the wife of the petitioner with respect to demand of dowry she was assaulted and subjected to cruelty.

Submission of the learned counsel for the petitioner is that marriage of petitioner was solemnized with the complainant in the year 2002 and he has two children from the

Patna High Court CR. MISC. No.54587 of 2019(2) dt.30-08-2019 2/3 wedlock but now the complainant is not ready to reside with the petitioner, though the petitioner is ready to keep her with full dignity and care.

Learned counsel for the opposite party No.2 has opposed the prayer for bail and draw my attention to the impugned order where it appears that the petitioner has flatly refused to keep her with him during the course of argument before the learned Addl. Sessions Judge III Barh. However, now the petitioner is ready to keep her, in such view of the matter, she is also ready to reside with the petitioner, if she is allowed to live with full dignity and care. In view of the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below on 13.9.2019 and on that day the opposite party no.

2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, and also with condition that he is ready to incurred the expenses of the studying of her children then he will be released on provisional bail for a period of six months on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.54587 of 2019(2) dt.30-08-2019 3/3 satisfaction of the learned A.C.J.M. Barh, Patna, in connection with Complaint Case No. 563 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. During that period, the learned Court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the second week of each month before the learned Court below. Once the Court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the Court below either confirm the bail bonds of the petitioner or pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

(Vinod Kumar Sinha, J) T.Kr./- U T