Dilip Singh @ Dahari Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44627 of 2014 Arising Out of PS.Case No. -3046 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Dilip Singh @ Dahari Singh S/o Late Hawaldar Singh Resident of village - Durgauli, P.S. Mashrak, District - Saran at Chapra

1. .... .... Petitioner

Versus

1. The State of Bihar

2. Punam Devi W/o Dilip Singh @ Dahari Singh, D/o Sahdeo Singh Resident of village - Durgauli, P.S. Mashrak, District - Saran at Chapra .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Nawal Kishore Singh For the Opposite Parties : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2015 Heard learned counsels for the petitioner and the State.

Petitioner being husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

The notices were issued to the complainant vide order dated 17.12.2014 on submission of learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 13 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.44627 of 2014 (3) dt.27-03-2015 2/2 "That though the petitioner is ready to keep the complainant with full dignity and honour but she does not want to live with her mother in law at his native village"

The ordinary process of notice has been directed to be served to the counsel appearing on behalf of the complainant before learned Court below. However, in spite of notice being served, none is appearing on behalf of the complainant.

It is submitted by learned counsel for the petitioner that that even before learned Court below the complainant did not appear.

Considering the aforesaid facts, 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 anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 3046 of 2012, Trial No. 2273 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T