Santosh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4588 of 2020 Arising Out of PS. Case No.-1336 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Santosh Bind, Male, aged about 25 years, Son of Basudeo Bind, Resident of Village - Musikipur, P.S.- Tarapur, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dulo Devi, Female, aged about 22 years, Wife of Santosh Bind, D/O - Sukho Bind, Resident of Village - Ashiyachak, P.S.- Sultanganj, DistrictBhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Arbind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 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 Sections 498A, 341 and 354B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Prosecution case as per the complaint petition is to effect that complainant was married with the petitioner four years ago, but subsequent to the marriage, further dowry demand of Rs. one lakh was made and due to non-fulfillment of the same, the complainant was tortured by all the accused persons including the petitioner.

Patna High Court CR. MISC. No.4588 of 2020(2) dt.29-02-2020 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in paragraph 13 of the petition which reads as follows :- "That ignoring all the issues and being a reasonable person the petitioner is still ready to keep the complainant with full dignity and honour provided she also becomes ready for that".

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 or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Complaint Case No. 1336 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Let the learned court below issue notice to the complainant for her appearance. On appearance of the complainant, the petitioner will take the complainant to keep her as wife with full dignity and honour.

Patna High Court CR. MISC. No.4588 of 2020(2) dt.29-02-2020 3/3 The provisional bail of the petitioner will be confirmed by 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 gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Rahul/Gautam U T