Tinku Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47645 of 2014 Arising Out of PS.Case No. -903 Year- 2013 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================
1. Tinku Kumar Son of Dashrath Prasad Resident of Village - Chandan Nagar, Nauwagarhi, Police Station - Muffasil, District - Munger. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ritu Raj Wife of Tinku Kumar, Daughter of Om Prakash Sah Resident of Mohalla - Patel Nagar, Madhopur, Police Station - Kotwali, District - Munger.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ram Sevak Choudhary For the Opposite Parties : Mr. Sunil Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2015 Petitioner being Constable in the C.R.P.F and husband of the daughter 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 under Sections 498A/34 of the I.P.C and Section 3⁄4 of the Dowry Prohibition Act.
The basic accusation is torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that Matrimonial Suit No. 178 of 2013 for divorce was filed at earlier point of time and thereafter the present complaint has been filed. Though the wife of the petitioner being daughter of the complainant is present and she is ready to resume the conjugal life.
The petitioner is ready to make payment of
Patna High Court Cr.Misc. No.47645 of 2014 (3) dt.27-04-2015 2/2 Rs. 5000/- to the daughter of complainant from June, 2015, by depositing the same in the bank account of the daughter of complainant by second week of every month. The aforesaid offer is acceptable to the daughter of complainant who undertakes to supply the bank account number within a period of three weeks by filing the same on affidavit before learned Court below.
Considering the filing of the matrimonial suit at earlier point of time and 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 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, Munger in connection with Complaint Case No. 903C of 2013.
The aforesaid payments will be subject to any order being passed in matrimonial or maintenance, or related proceeding.
Three consecutive defaults in making payment will give liberty to the daughter of the complainant to file appropriate application for cancellation of bail of the petitioner.
(Dinesh Kumar Singh, J) Shageer/- U T