Manjay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25527 of 2016 Arising Out of PS.Case No. -3968 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Manjay Kumar Singh, son of Sri Ram Nigah Singh .... .... Petitioner/s

Versus

1. State of Bihar

2. Sunita Devi, wife of Manjay Kumar Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 28.04.2016 in a case registered for the offences punishable under section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand.

Earlier, the petitioner was granted provisional anticipatory bail on readiness to keep the complainant as wife with full dignity and honour. But the bail bond of the petitioner

Patna High Court Cr.Misc. No.25527 of 2016 (3) dt.05-07-2016 2/3 was cancelled since the petitioner failed to comply the undertaking given before the Court. The petitioner is making payment of Rs.3,000/- per month as maintenance awarded in the maintenance proceeding. A statement to that effect has been made in paragraph 11 of the petition, which reads as under :- "That the complainant is getting Rs.3000/- (three thousand Rs.) per month maintenance from the petitioner, .." It is further submitted that the petitioner however undertakes that on release he will make payment of the arrears and will continue making payment of the maintenance amount till the order of maintenance is being modified by the superior concerned Court or any Court.

It is submitted by learned counsel for the informant that the informant is ready to resume the conjugal life and maintenance amount are not regularly been paid Considering the present stand of the petitioner, let the above named petitioner be released on bail provisionally for three months, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Saran at Chapra in connection with Tr. No.1834/2016, arising out of Complaint Case No.3968/2013.

Patna High Court Cr.Misc. No.25527 of 2016 (3) dt.05-07-2016 3/3 The provisional bail of the petitioner will be confirmed by the learned Court below on payment of arrears of maintenance amount within a period of three months. (Dinesh Kumar Singh, J) Ashwini/- U T