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Kaushlendra Singh @ Kaushlendra Pratap Singh @ Shailendra Singh v. State Of Bihar and Anr.

Patna HC29 Apr 2014CR. MISC./49458/2012

Case brief

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What is this about?

Petitioner, husband of complainant in a 498A IPC and Dowry Prohibition Act case, is apprehending arrest. Wife offered to resume conjugal life but petitioner rejected it due to past conduct. Court directs lower court to grant regular bail upon surrender within six weeks.

What did the court decide?

The learned Court below to consider and grant regular bail if the petitioner surrenders within six weeks.

Kaushlendra Singh @ Kaushlendra Pratap Singh @… — Matrimonial and Divorce | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.49458 of 2012

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====================================================== 1. Kaushlendra Singh @ Kaushlendra Pratap Singh @ Shailendra Singh S/O Dharamnath Singh Resident Of Village- Bhojpurwa, Police StationMohammadpur, District- Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. Suman Devi W/O Kaushlendra Singh @ Shailendra Singh And D/O Shri Ram Singh Resident Of VillageBhojpurwa, Police StationMohammadpur, District- Gopalganj. At Present R/O Village Bhaisahi, P.SKuchaikote, Distt- Gopalganj. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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8 29-04-2014 The petitioner being husband of the complainant is apprehending his arrest in a complaint case whereby processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the I.P.C. and ¾ of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. The marriage of the petitioner with the complainant on 17.04.2009 is admitted facts. The petitioner filed Matrimonial Case No. 79 of 2010 for restitution of conjugal life on 25.05.2010 which was allowed ex-parte on 29.08.2011. The present complaint has been filed on 21.06.2010, though petitioner filed Matrimonial Suit No. 147 of 2012 on 23.07.2012 for divorce.

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The petitioner and the complainant are present. The complainant is ready to resume the conjugal life

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Patna High Court Cr.Misc. No.49458 of 2012 (8) dt.29-04-2014

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2/2

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but the offer is not acceptable to the petitioner due to the past conduct of the complainant and her family members.

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Considering the aforesaid facts, let learned Court below consider regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 1708 of 2010, Trial No. 2817 of 2012, pending in the Court of learned Sub-Divisional Judicial Magistrate, Gopalganj.

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Accordingly the application is disposed off.

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(Dinesh Kumar Singh, J)

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Shageer/-

Kaushlendra Singh @ Kaushlendra Pratap Singh @ Shailendra Singh v. State Of Bihar and Anr.

Case brief

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Kaushlendra Singh @ Kaushlendra Pratap Singh @ Shailendra Singh v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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