Allowed

Arvind Kumar Singh v. State Of Bihar and Anr.

Patna HC15 Nov 2016CR. MISC./9163/2016

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to a petitioner apprehending arrest in a dowry torture and cognizance case. The High Court, noting the petitioner's plea for divorce and commitment to regular maintenance payments, ordered the release of the petitioner pending surrender within twelve weeks.

What did the court decide?

Released on anticipatory bail with bail bonds of Rs. 10,000/- and two sureties, to be surrendered within twelve weeks, subject to conditions including regular maintenance payment with consequences for

Arvind Kumar Singh Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9163 of 2016

¶2

Arising Out of PS.Case No. -2221 Year- 2012 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== 1. Arvind Kumar Singh Son of Rajbansh Singh resident of village - Silota, P.S. Sonhan, Post Khaira, District - Kaimur .... .... Petitioner/s Versus 1. The State of Bihar 2. Rimpi Devi D/o Late Kapil Dev Singh resident of village + P.O. Lahang Dumariya, P.S. Bihiya, District - Bhojpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 6 15-11-2016 Heard learned counsel for the petitioner and the complainant. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 379 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand.

¶3

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant, but the petitioner filed Matrimonial Suit No. 138 of 2012 on

¶4

Patna High Court Cr.Misc. No.9163 of 2016 (6) dt.15-11-2016

¶5

¶6

29.10.2012 with a prayer for divorce, thereafter the present complaint was filed on 20.07.2013. It is further submitted that in pursuance to order dated 05.08.2016 passed by the learned Principal Judge, Family Court, Bhojpur at Ara in Maintenance Case No. 59 of 2013, whereby the petitioner was directed to make payment of maintenance amount of Rs.8,000/- per month from the date of order i.e. 05.08.2016 per month and Rs.20,000/- as lump sum amount as litigation costs. The petitioner has already deposited Rs. 44,000/- before the learned court below and the said amount has already been received by the complainant. Learned counsel further submits that petitioner undertakes that he will regularly deposit maintenance amount as directed by the learned Principal Judge, Family Court, Bhojpur at Ara.

¶7

Learned counsel for the complainant submits that complaint admits that she has received Rs. 44,000/- in pursuance to the order passed by the learned court below in maintenance proceeding, but she is apprehensive about the regular payment of the maintenance amount by the petitioner. Moreover, the complainant is still ready to resume the conjugal life.

¶8

Considering the filing of Matrimonial Suit with a prayer for divorce at earlier point of time and the petitioner’s undertaking to make payment of maintenance amount regularly, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before

¶9

Patna High Court Cr.Misc. No.9163 of 2016 (6) dt.15-11-2016

¶10

¶11

the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ara, Bhojpur in connection with Complaint Case No. Mokam Ara Bhojpur C.R. No. 2221 of 2012 (C), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶12

Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.

¶13

The present order, in no way, will preclude the parties to resolve the issue otherwise.

¶14

(Dinesh Kumar Singh, J)

¶15

P.K./-

¶16

U T

Arvind Kumar Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Arvind Kumar Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Durgesh Kumar @ Durgesh Das Vs The State Of Bihar

Md. Allaudin Vs State Of Bihar and Anr.

Santosh Kumar Vs State Of Bihar and Anr.

Pankaj Singh Vs State Of Bihar and Anr.

Sonu @ Chandan Kumar Vs State Of Bihar and Anr.

Vimal Kumar @ B.p. Vs State Of Bihar and Anr.