Sanjit Kumar Singh @ Sanjit Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46871 of 2014 Arising Out of PS.Case No. -798 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Sanjit Kumar Singh @ Sanjit Singh son of Sri Shankar Dayal Singh resident of village - English Pur, Police Station Krishna Garh, District - Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Sanju Devi wife of Sanjit Kumar Singh @ Sanjit Singh , daughter of Sri Ramesh Singh resident of village AND P.O. Bishunpura, Police Station Bihta, District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 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 Sections 498A, 323 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and birth of one son out of the wedlock which is being maintained by the petitioner at his brother's place. It is further submitted that chances of reconciliation between the parties is not feasible due to the differences cropped up between the parties.
Learned counsel for the complainant submits that complainant is ready to resume the conjugal life.
Patna High Court Cr.Misc. No.46871 of 2014 (4) dt.07-09-2015 2/2 In the alternative, petitioner is ready to make payment Rs. 2200/- to the complainant from October, 2015, by depositing the same in the bank account of the complainant by second week of every month. The offer is acceptable to the complainant who undertakes to supply her 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 parties, 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, Danapur in connection with Complaint Case No. 798(C) of 2013.
The aforesaid payments 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. The present order, in no way will preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/- U T