Patna High CourtCR. MISC./61321/2022disposed

Binod Singh v. The State Of Bihar

2023-04-29Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61321 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Binod Singh Son Of Late Ratan Singh R/O Village- Karanpur, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar 2.

Nisu Devi D/O Dilip Singh R/O Village- Madra, P.S.- Roh, DistrictNawada, Mob. No. 9525731087 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard Mr. Arjun Prasad, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 46 of 2022 registered under Sections 323, 504, 498(A) of the Indian Penal Code.

3. The prosecution story, in brief, after marriage petitioner started demanding dowry of Rs. 5 lakhs to Opposite Party No. 2 and due to non-fulfillment of the same he started assaulting her.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.61321 of 2022(2) dt.29-04-2023 2/3 petitioner submits that he has received information that petitioner is ready to keep Opposite Party No. 2, who is his legally wedded wife, with full dignity and honour.

5. Considering the facts of the case, the record reveals that two minor children are living along with the petitioner, poor children are left without mother's care. This Court directs the petitioner to approach the Opposite Party No. 2 and must try to negotiate with her amicably so that they can lead a happy marriage life. To exercise in the manner as stated above the petitioner is given six weeks' time till that period no coercive steps shall be taken against the petitioner.

6. Court below is directed to release the petitioner on pre-arrest bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-I, Nawada in connection with Complaint Case No. 46 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. If the petitioner is not able to abide by the conditions as imposed above the interim protection granted to the petitioner shall automatically loose its force.

Patna High Court CR. MISC. No.61321 of 2022(2) dt.29-04-2023 3/3

8. The present bail application is disposed of. (Purnendu Singh, J) minu/- U T