Patna High CourtCR. MISC./39126/2015disposed

Dharmendra Singh v. State Of Bihar And ANR

2016-04-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39126 of 2015 Arising Out of Complaint Case No. -1312 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE District- GOPALGANJ ====================================================== Dharmendra Singh Son of Rama Shankar Singh .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Audhesh Prasad Kushwaha, S/o Late Gujeshwar Prasad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Irshad Ahmad Khan For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsels for the petitioner, complainant and the State.

The petitioner being the husband of the daughter of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 494, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand and performing second marriage.

Learned counsel for the petitioner submits that though the petitioner has performed second marriage but he is ready to keep the complainant as wife with full dignity and honour. Counsel for the complainant is not ready to accept the

Patna High Court Cr.Misc. No.39126 of 2015 (5) dt.11-04-2016 2/2 offer of the petitioner but the complainant is ready to accept either permanent alimony or some monthly payment by way of maintenance, for which the petitioner is not ready. Under the circumstances, let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.1312 of 2013, pending before the learned SDJM, Gopalganj.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T