Rupesh Kumar Singh @ Rupesh Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8794 of 2016 Arising Out of PS.Case No. -503 Year- 2012 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Rupesh Kumar Singh @ Rupesh Singh, son of Parkhu Singh @ Bishundeo Singh, resident of Village-Udhadih, P.S.-Sultanganj, District-Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Puja Devi, daughter of Sri Dinesh Kumar Singh, wife of Rupesh Kumar Singh @ Rupesh Singh, resident of Village-Daulatganj, P.S.- Haripur, District-Munger .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sunil Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 The 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 Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 17 of the petition which reads as follows:- "That ignoring all these facts
Patna High Court Cr.Misc. No.8794 of 2016 (2) dt.23-02-2016 2/2 the petitioner being a reasonable person is still ready to keep the complainant as wife with full dignity and honour, provided she also becomes ready for that" Considering the present stand of the petitioner, 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 six months 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. 503C of 2012. Let learned Court below issue notice to the complainant and fix a date for her appearance.
On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.