Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75566 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- AGIAON District- Bhojpur ====================================================== Manish Singh Son of Bhanu Pratap Singh R/o of Village- Domi Khas,P.S. Chandvak,Distt.-Joundpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Govind Mishra For the Opposite Party/s :
Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsels for the parties.
The petitioner, being the husband of the informant is apprehending arrest in a case registered for the offences punishable under sections 498A/34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act.
The prosecution case as per the written report of Ritu Singh submitted to the SHO, Garhani Police Station is to the effect that the marriage of the informant with the petitioner was performed on 19.4.2016. After 4-5 days of marriage, the accused persons made further demand of dowry by way of a car and cash and due to non-fulfillment of the same, torture was inflicted upon the informant. It is further alleged that on 21.5.2018, the informant was assaulted by the petitioner and other in-laws family members.
Patna High Court Cr.Misc. No.75566 of 2018(2) dt.15-01-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour though statement to that effect has not been made in the petition. It is further submitted that similar was the stand of the petitioner before the learned court below which gets reflected from the impugned order.
Considering the present stand of the petitioner, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VII, Bhojpur at Ara in connection with Agiaon P.S. Case No. 64 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant 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, or (ii) if the
Patna High Court Cr.Misc. No.75566 of 2018(2) dt.15-01-2019 3/3 informant fails to appear before the learned court below, or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) anil/- U