Hari Kishore Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33736 of 2014 Arising Out of PS.Case No. -3654 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Hari Kishore Prasad Singh son of Late Damodar Prasad Singh resident of village - Manikpur, P.S. : Saraiya, District : - Muzaffarpur and at present resident of Mohalla - Mai Asthan Gali, Chhata Chawk, Damochak Road, P.S. - Kazi Mohammadpur, District : - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar

2. Smt. Sushma Singh, wife of Hari Kishore Prasad Singh, resident of Village-Manikpur, P.S.-Saraiya, District-Muzaffarpur, at present resident of Mohalla-C/O-Laldeo Chaudhary, Mai Asthan Gali, Chhata Chawk, Damochak Raod, P.S.-Kazi Mohammadpur, District-Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Yugal Kishore For the Opposite Parties : Mr. Rajendra Singh Shastri Ji (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 Petitioner being husband 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 punishable under Sections 380, 384, 406, 498A of the Indian Penal Code.

In pursuance to the order dated 16.02.2015 the petitioner and the complainant are present.

The complainant is second wife of the petitioner. From the first wife there are two children, the son is employed in Air Force and the daughter is already married. From the complainant there is one daughter who is studying in Class-XII. The complainant's only grievance is that whenever son of the petitioner comes he used

Patna High Court Cr.Misc. No.33736 of 2014 (4) dt.12-05-2015 2/2 to torture the complainant and her daughter.

This is not in dispute that both the petitioner and the complainant are residing together. The petitioner undertakes to provide adequate security and inspire confidence in the complainant.

Considering the present stand of the parties, 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 provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No. 3654 of 2010, Trial No. 3164 of 2013.

The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on substantial restoration of the matrimonial harmony within a period of one year.

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