Sikandar Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32234 of 2017 Arising Out of PS. Case No.-978 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sikandar Kumar Singh Son of Subhash Kumar Singh, Resident of VillageSukhnandanchak, P.O.-Bhanwar Sikaria, P.S.-Jehanabad, District-Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sri Mati Sneha Kumari Wife of Sri Sikandar Kumar Singh Daughter of Late Yashraj Singh,Resident of Makhdumpur Saray, Post-Saray, P.s.-Maner,, District-Patna. Presently residing at-Block GG-804, Patuli Asha Bari Allahabad Bank Colony, Kolkata ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the Informant.

The petitioner apprehends his arrest in connection with Complaint Case No. 978(C) of 2015 registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code.

Allegation against the petitioner is of demand of dowry and torture.

It has been submitted on behalf of the petitioner that prior to matrimonial case the petitioner had filed informatory petition before the ACJM, Danapur describing the cruelty,

Patna High Court Cr.Misc. No.32234 of 2017(4) dt.11-09-2018 2/3 desertion and adultery of the complainant-wife. It has been further submitted that petitioner had already filed a case for divorce being Matrimonial Case No. 441 of 2013 and in retaliation this case has been filed. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur, Patna, in connection with Complaint Case No. 978(C) of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Petitioner shall pay the maintenance amount of Rs. 5000/- per month fixed by the Principal Judge, Family Court, Patna, till decision of matrimonial case and in default of payment of two consecutive monthly installments, his bail bond shall stand cancelled.

(2) The present order in no way will preclude the parties to reconcile the issue otherwise.

Patna High Court Cr.Misc. No.32234 of 2017(4) dt.11-09-2018 3/3

(3) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(S. Kumar, J) ranjan/- U