Bipin Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67319 of 2019 Arising Out of PS. Case No.-2171 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== BIPIN KUMAR SINGH Son of Nagendra Prasad Singh Resident of Village - Govindpur Bela, P.S.- Baligaon, Distt - Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jyoti Kumari Wife of Bipin Kumar Singh Resident of Village - Harsinghpur, P.S.- Sarairanjan, Distt - Samastipur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha, Advocate Ms. Kumari Vandana, Advocate For the Opposite Party/s :
Mrs.Anita Kumari Singh, APP Ms. Anum Hussain, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 341/323/498A/406/504 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. Petitioner is husband of Opposite Party No.2. Allegation is of demand of dowry and torture for the same. The petitioner is in custody since 04.07.2019. Investigation of the case is already complete.
Submission is that petitioner has already filed a case
Patna High Court CR. MISC. No.67319 of 2019(3) dt.04-03-2020 2/3 under Section 9 of the Hindu Marriage Act for restitution of conjugal life. However, the wife-opposite Party No.2 is not cooperating.
Learned counsel appearing on behalf of Opposite Party No.2 submits that while granting anticipatory bail to the petitioner learned Sessions Judge had directed the petitioner to pay Rs.2500/- per month as maintenance to the wife. The petitioner did not comply the said condition. It is admitted in the statement on oath by the complainant that the petitioner is doing nothing. Considering the entire facts especially the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Tr. No.2769 of 2019, arising out of Complaint P.S. Case No.2171 of 2015, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to
Patna High Court CR. MISC. No.67319 of 2019(3) dt.04-03-2020 3/3 cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) Mkr./- U T