Singheshwar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35832 of 2016 Arising Out of PS.Case No. -37 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Singheshwar Paswan Son of Shri Chalittar Paswan resident of Village + Post Office- Bajitpur, Police Station-manigachhi, District- Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. Kavita Devi wife of Singheshwar Paswan resident of Village + P.O. Bajitpur, Police Station Manigachhi, District-Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Kumar For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A/34 of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant with full dignity and honour. Statement to that effect has been made in paragraph 7 of the petition, which reads as follows:

Patna High Court Cr.Misc. No.35832 of 2016 (2) dt.22-08-2016 "That it is submitted that the petitioner is husband and he is ready to keep the complainant as his wife with full dignity and honour."

Considering the present stand of the petitioner, let the abovenamed petitioner be released on provisional anticipatory bail for six months, in the event of his arrest or surrender before the learned court below within a period of twelve 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 the Judicial Magistrate, 1st Class, Benipur, Darbhanga in C.R.No. 37 of 2014/ Misc. No. 15 of 2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities: (i) if the matrimonial harmony is substantially restored, (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.35832 of 2016 (2) dt.22-08-2016