Chitranjan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9638 of 2016 Arising Out of PS.Case No. -831 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Chitranjan Singh Son of Radhamuni Singh Resident of Village : Kahuara, P.s Bikramganj District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sarita Devi wife of Chitranjan Singh, Daughter of Jag Narayan Singh Resident of Village- Kahuara P.s Bikramganj District Rohtas at Present Village: Dhanawan, P.s Nasriganj District Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Arbind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2016 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant but he is not ready to keep the complainant. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.9638 of 2016 (3) dt.12-07-2016 2/3 complainant that complainant is ready to resume the conjugal life in spite of the fact that petitioner has performed second marriage which is being denied by the petitioner. In the alternative, petitioner is ready to make payment Rs. 2000/- to the complainant from August, 2016, by depositing the same in the bank account of the complainant by second week of every month. Learned counsel for the complainant submits that complainant accepts the offer of the petitioner, not opposing the prayer for bail of the petitioner and undertakes to supply the bank account number within a period of three weeks by submitting the same on affidavit before learned Court below.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Complaint Case No. 831 of 2014. The above payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment will give liberty to the complainant to file appropriate application for cancellation of bail of the petitioner.

Patna High Court Cr.Misc. No.9638 of 2016 (3) dt.12-07-2016 3/3 The present order in no way will preclude the parties to resolve the issue otherwise.

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