Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4563 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Guddu Kumar, Male, age about 32 years, Son of Sukhari Rai, Resident of Village-Purani Panpur, P.S.-Akilpur(Danapur), District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bindeshwar Prasad Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the husband of the complainant, is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act.
The prosecution case, as per the complaint petition, is to the effect that the marriage of the complainant was performed with the petitioner on 03.07.2017, but subsequent to the marriage, further demand of dowry of Rs. 3 lacs was made and due to non-fulfillment of the same, torture was inflicted by the petitioner and other in-laws family members upon the complainant.
Patna High Court Cr.Misc. No.4563 of 2019(2) dt.29-01-2019 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with complainant and he is ready to keep her as wife with full dignity and honour, statement to that effect has been made in paragraph no. 13 of the petition, relevant portion of the same reads as follows:- "That the petitioner is always ready to keep the complainant with him with full honour and dignity..." 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 above named petitioner be released on provisional anticipatory bail for six months in the event of arrest/surrender before 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 like amount each to the satisfaction of learned SDJM, Danapur, Patna in connection with Complaint Case No. 45(c) of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
Let the learned Court below issue notice to the complainant and on her appearance, the petitioner will take her to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be
Patna High Court Cr.Misc. No.4563 of 2019(2) dt.29-01-2019 3/3 confirmed by the learned Court below in three eventualities, (i) if the matrimonial harmony is substantially restored, or (ii) if the complainant fails to appear before the learned Court below, or (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T