Jai Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54807 of 2019 Arising Out of PS. Case No.-1324 Year-2014 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== JAI PRAKASH SINGH Son of Sri Raja Ram Singh Resident of Village - Sisirta (Dakshini Tola), P.S.- Nokha, Distt - Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Devi Wife of Jai Prakash Singh Resident of Village - Bhaisaha, Post - Manikapur, P.S.- Indrapuri, Distt - Rohtas, At present Sisirta (Dakshini Tola), P.S.- Nokha, Distt - Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 1324 of 2014, disclosing the offence under Sections 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner is the husband of opposite party no. 2. Notices were issued to opposite party no. 2 and have been validly served. There is, however, no representation on behalf of opposite party no. 2.

Learned counsel appearing on behalf of the petitioner has submitted that previously also a criminal

Patna High Court CR. MISC. No.54807 of 2019(3) dt.16-11-2019 2/3 case was instituted by opposite party no. 2 against the petitioner making same allegation of commission of offence punishable under Section 498-A of the IPC. He has been convicted in the said previous case and a criminal appeal is pending before this Court. He has submitted that opposite party no. 2 is residing in the same house where the petitioner resides.

Considering the facts and circumstances and the submission made on behalf of the petitioner that matrimonial dispute is the root cause of the lodging of the FIR and since there is no opposition to the prayer for anticipatory bail, this application is allowed. The provisional bail granted to the petitioner under order dated 02.09.2019 is hereby confirmed in connection with Complaint Case No. 1324 of 2014, pending in the court of learned SDJM, Rohtas at Sasaram, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive

Patna High Court CR. MISC. No.54807 of 2019(3) dt.16-11-2019 3/3 occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T