Jyoti Kumar Singh @ Lalan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59754 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MAHILA P.S. District- Samastipur ====================================================== JYOTI KUMAR SINGH @ LALAN SINGH Son of Late Maheshwar Singh Resident of Mohalla-Vikash Nagar Mathurapur, P.S-Warisnagar, DistrictSamastipur. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Runni Kumari W/o Jyoti Kumar Singh @ Lalan Singh Garbhu Sahni Resident of Mohalla-Vikash Nagar Mathurapur, P.S-Warisnagar, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Mahila (Women) P.S.Case No.37 of 2019 registered for offences punishable under Sections 323, 341, 498(A), 504 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Case is under Section 498(A) of the IPC as well as under other Sections of the Dowry Prohibition Act. Petitioner happens to be husband. There is allegation of demand as well as torture by the petitioner and other accused persons.
Submission of the learned counsel for the petitioner is that allegations are false and concocted . He is still ready to
Patna High Court CR. MISC. No.59754 of 2019(4) dt.21-11-2019 2/3 keep her with dignity and care.
Learned counsel for the O.P.no.2 has also submitted that she has no objection in residing with the petitioner, if she is allowed to live with dignity and care.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender on 10.12.2019 and on that day O.P.no.2 shall also remain present in the court below and on appearance of both the parties and on filing of the affidavit by the petitioner that he will take her from the court below itself and will keep her with dignity and care, the petitioner shall be released on provisional bail in connection with Mahila (Women) P.S.case No.37 of 2019 for a period of six months and during that period, both the parties have to appear before the learned court below in the third week of each month so that the learned court below may watch the conduct and matrimonial relationship between the parties an once being satisfied with the conduct of both the parties and their matrimonial relationship especially the conduct of the petitioner, the bail bond of the petitioner shall be confirmed otherwise the learned court below is free to pass any other order or orders as he deems fit and proper including cancelling the bail bond of the
Patna High Court CR. MISC. No.59754 of 2019(4) dt.21-11-2019 3/3 petitioner.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U