High Court Patna High Court - Orders

Basant Singh vs The State Of Bihar & Anr. on 16 November, 2011

Patna High Court – Orders
Basant Singh vs The State Of Bihar & Anr. on 16 November, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.28175 of 2011

                      Basant Singh, Son of Bilar Singh @ Ram Ekbal Singh,
                      resident of Village Dhangain Tola, P.S. Bikramganj,
                      District Rohtas.
                                                                       -------Petitioner
                                                  Versus
                      1.The State Of Bihar.
                      2.Dhramsheela Devi, D/o Sri Ram Bhagwan Singh,
                      resident of Village Pawara Tola, P.O. Kusumhara, P.S.
                      Suryapura, District Rohtas.
                                                                -----Opposite Parties
                                               --------------

03/- 16/11/2011 Supplementary affidavit has been filed on behalf of the

petitioner.

Heard learned counsel for the petitioner, learned counsel

for the complainant and learned Additional Public Prosecutor for

the State.

The petitioner apprehending his arrest in connection with a

case registered for the offence punishable under Sections 120B,

323, 380, 406 and 498A/34 of the Indian Penal Code besides

Sections ¾ of the Dowry Prohibition Act, is one of the named

accused in this complaint case being husband of the complainant

with allegation of demand of dowry, torture etc.

Submission of the Bar is that the couple intends to resume

and continue their matrimonial relationship with each other with

all due dignity and care in respect to their sentiments and

sentiments of their respective families.

In view of the above, in the event of petitioner filing an

application before the court below stating such intention/parties

files joint petition of compromise, in the event of his
arrest/surrender within four weeks, let the above named petitioner

be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten

thousand only) with two sureties of the like amount each to the

satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj,

District Rohtas, in connection with Complaint Case No. 728 of

2010, subject to condition laid down under Section 438 (2) of the

Code of Criminal Procedure with additional condition to attend the

court regularly till disposal of the case and in case of failure on

two consecutive dates without giving any reasonable explanation,

the privilege granted shall be deemed to be cancelled. Further,

additional condition, in the event of filing individual petition on

behalf of the petitioner or joint petition of compromise by the

parties, stating such intention, the court below on receipt of

positive response from the complainant permit the couple to reside

at their place of choice on the condition to report personally to the

court below on the dates fixed for the purpose and only after being

satisfied of their conduct for a reasonable period, the court below

shall pass appropriate order in accordance with law.

( Akhilesh Chandra, J.)
Praveen/-