Patna High CourtCR. MISC./38862/2016bail granted

Gulab Singh @ Kunal Singh v. The State Of Bihar

2016-09-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38862 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Gulab Singh @ Kunal Singh, Son of Suresh Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sri Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is languishing in custody since 29.06.2016 in a case registered for the offences punishable under sections 498A, 379, 420/120B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand.

It is admitted case that the marriage of the petitioner with the informant was performed on 05.03.2015 whereas the present FIR was registered on 23.02.2016, which reflects that within eight months of the marriage the present case was registered.

Patna High Court Cr.Misc. No.38862 of 2016 (2) dt.06-09-2016 2/2 It is submitted by learned counsel for the petitioner that the matrimonial harmony could not be restored due the unruly behavior of the informant for which the petitioner filed Informatory Petition No.621/2016 and, thereafter, the present FIR was registered. Hence, it is not possible for the petitioner to keep the informant with him as wife.

It is submitted by learned counsel for the informant that immediately after the marriage torture was inflicted for nonfulfillment of dowry demand. However, the informant is ready to resume the conjugal life.

Considering the nature of accusation and the fact that investigation has already concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur, Ara, in connection with Bhojpur (Mahila) P.S. Case No.199/2016. (Dinesh Kumar Singh, J) Ashwini/- U T