Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37242 of 2018 Arising Out of PS.Case No. -124 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sanjay Kumar Singh S/o Bijali Singh, R/o Vill.- Majuraha, P.S.- Turkoulia (Raghunathpur O.P.), District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari-1 For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-06-2018 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

The prosecution case as per the written report of Bharti Devi on 03.03.2018 submitted to the Station House Officer of Raghunathpur O.P. Turkaulia P.S. is to the effect that the informant was married with the petitioner about twenty years prior to the lodging of the case and she was blessed with three children. It is alleged that three years prior to the lodging of the

Patna High Court Cr.Misc. No.37242 of 2018 (2) dt.28-06-2018 case the petitioner and other in-laws severely tortured the informant. The jewellery of the informant was snatched and sold by the petitioner.

It is submitted by learned counsel for the petitioner that the accusation of torture has been levelled after twenty years of the marriage and petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph 9 of the petition, which reads as follows:- "That the petitioner is ready to keep her with full dignity and care. In which the petitioner got no objection."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia (Raghunathpur O.P.) P.S. Case No. 124 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.37242 of 2018 (2) dt.28-06-2018 Let the learned Court below issue notice to the informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned Court below. (Dinesh Kumar Singh, J) DKS/- U T