Birendra Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44559 of 2016 Arising Out of PS.Case No. -179 Year- 2012 Thana -KAHALGAON District- BHAGALPUR ====================================================== Birendra Kumar Singh, son of Jyotish Prasad Singh, Resident of VillageJathore Manjhgaon Patway, P.S.- Amarpur, Distt. Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sharmila Devi, D/o Birbal Prasad Singh, wife of Birendra Kumar Singh, Resident of Village-Shomnathpur, P.S.-Kahalgaon, Dist Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Sri Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 498 A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. It is alleged in the written report that informant was married with the petitioner on 13.6.2012. She was ousted from her matrimonial home for non fulfillment of demand of dowry. It has been submitted that the petitioner is still ready to keep the wife, but she has left the house just after seven days of the marriage and is not ready to live with him.

Patna High Court Cr.Misc. No.44559 of 2016 (7) dt.09-02-2017 2/3 Notices were sent to the opposite party No. 2 which was validly served but in spite of notice she has chosen not to appear before this Court personally or through her lawyer. In such circumstances, the petitioner is directed to surrender before the court below within a period of four weeks from today and pray for regular bail along with an affidavit that he will keep his wife with full honour and care and in that event, the court below will enlarge the petitioner on provisional bail for a period of six months and issue notice to the opposite party No. 2 (wife) and try to reconcile the matter between the parties.

If the court below succeeds in restoring conjugal relationship between husband and wife or the conjugal rights could not be restored on account of indifferent attitude of the wife or the wife does not appear before the court below even after issuance of notice, the provisional bail granted to the petitioner will be confirmed.

Patna High Court Cr.Misc. No.44559 of 2016 (7) dt.09-02-2017 3/3 accordance with law and also would be at liberty to cancel the provisional bail granted to the petitioner, without taking into consideration the aforesaid observations of this Court. With aforesaid observations, the application stands disposed off.

(Sanjay Priya, J) S.Ali/- U T