Chandan Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19306 of 2016 Arising Out of PS.Case No. -20 Year- 2013 Thana -MAHILA P.S. District- LAKHISARAI ======================================================

1. Chandan Yadav Son of late Suresh Yadav@Naga Pahalban Resident of Mohalla- Laldarwaza, Munger P.S Kotwali District Munger. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anamika Devi Wife of Chandan Yadav and daughter of Pawan Prasad Singh resident of Village Khagaur, P.O . Kiul R.M.S. P.S Lakhisarai, District Lakhisarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is apprehending arrest in a case filed under sections 498A, 323, 504, 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demands.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant, and he is ready to keep his wife with dignity and honour. Statement to that effect has been made in paragraph no.9 of the petition. Let the learned court below issue notice to the

Patna High Court Cr.Misc. No.19306 of 2016 (2) dt.02-05-2016 2/2 informant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the petitioner, let the petitioner be released on provisional anticipatory bail for one year in the event of arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The provisional anticipatory bail of the petitioner will be confirmed within one year by the learned court below in three eventualities(i) on substantial restoration of the matrimonial harmony; or (ii) if the informant gets reluctant to reconcile the issue; or (iii) if the informant fails to appear before the learned court below.

(Dinesh Kumar Singh, J) B.K.Roy/- U