Dilip Kumar Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73730 of 2018 Arising Out of PS. Case No.-718 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Dilip Kumar Sinha, Son of Sri Ramchandra Prasad, Resident of VillageTilrath, Ward no.14, P.S. Barauni, District-Begusarai. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari Wife of Dilip Kumar Sinha, Daughter of Shiv Shankar Sinha, Resident of Village- Rampur, P.S. Matihani, Dist.-Begusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. The petitioner, being the husband of the complainant , is apprehending his arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code.
The prosecution case, as per the complaint petition, is that the marriage between the complainant, Rani Kumari and petitioner, Dilip Kumar Sinha was performed 21.02.2018 but subsequently, for non-fulfillment of further dowry demand, torture was inflicted.
Patna High Court Cr.Misc. No.73730 of 2018(2) dt.21-12-2018 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That it is pertinent to mention here that this petitioner is ready to keep his wife with full honour and dignity and inclined to continued his conjugal relation with the complainant as wife."
It is further submitted that similar was the stand of the petitioner before the learned Court below which gets reflected from the impugned order. It is further submitted by learned counsel for the petitioner that the complainant in her S.A. has stated that she is not ready to reside with the petitioner. Learned counsel for the complainant submits that the petitioner used to take a stand of reconciling the issue but from the impugned order it appears that the petitioner is not ready to reconcile the issue. However, the complainant is ready to accept the offer of the petitioner for resumption of conjugal life. Both sides agree to appear before the learned Court below on 17th of January, 2019 when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.73730 of 2018(2) dt.21-12-2018 3/3 Considering the fact that, at present, statement has been made on affidavit in paragraph 10 of the petition that the petitioner is ready to keep the complainant as wife with full dignity and honour, let the above named petitioner be released on provisional anticipatory bail for six months in the event of 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 Sub-divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 718C of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned Court below, or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) DKS/- U T