Arun Kumar @ Karu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10994 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- BHADAUR District- Patna ====================================================== Arun Kumar @ Karu Ram, Son of Shallendra Ram @ Shalendra Prasad Resident of Dahawa, P.S.- Bhadaur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 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 offences punishable under Sections 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.
The prosecution case, as per the written report of Madhu Kumari, dated 10.08.2018, submitted to the Station House Officer, Bhadaur Police Station, is to the effect that the marriage of the informant was performed with the petitioner on 18.08.2008, but subsequent to the marriage, further demand of dowry of Rs. 2 lacs, a motorcycle and a gold chain was made and due to non-fulfillment of the same, torture was inflicted upon the informant by the petitioner and other in-law family
Patna High Court Cr.Misc. No.10994 of 2019(2) dt.25-02-2019 2/3 members of the informant. Ultimately, on 15.05.2017, the informant was assaulted and driven out from the matrimonial house Learned counsel for the petitioner submits that the petitioner admits his marriage with informant and he is ready to keep the informant as wife with full dignity and honour, statement to that effect has been made in paragraph no. 12 of the petition, which reads as follows:- "That the petitioner is ready and willing to keep his wife with full dignity honour and respect without raising any grievance"
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 Judicial Magistrate, Barh, Patna in connection with Bhadaur P.S. Case No. 63 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 informant and on her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.10994 of 2019(2) dt.25-02-2019 3/3 The provisional bail of the petitioner will be confirmed by the learned Court below in three eventualities, (i) if the matrimonial harmony is 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) Amrendra/- U T