Sunil Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4508 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Sunil Yadav S/o- Laxmi Yadav, R/o Village- Nasiranachak, P.S.- Dhanarua, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Koshila Devi, W/o- Sunil Yadav, Daughter of Birendra Yadav, at present residing in village Sura, P.S.- Kurtha, District- Arwal .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offence punishable under Section 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitione admits his marriage with the informant and is ready to keep the informant as wife with full dignity

Patna High Court Cr.Misc. No.4508 of 2016 (2) dt.28-01-2016 2/3 and honour. Statement to the aforesaid effect has been made in paragraph no. 11 of the petition which reads as follows:

" That the petitioner is still ready to keep his wife with full dignity and honour."

Considering the present stand of the petitioner, let the above named 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Arwal in connection with Arwal Mahila P.S. Case No. 21 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is

Patna High Court Cr.Misc. No.4508 of 2016 (2) dt.28-01-2016 3/3 substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Anil/- U T