Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9220 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Niraj Kumar son of Surendra Prasad, resident of Jalakdar Bag. P.S. Malsalami, Dist- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priti Kumari wife of Niraj Kumar and Daughter of Shanker Prasad Gupta, Resident of Village Nagla, P.S. Malsalami, Dist- Patna at present J.P. Lane, Chowk Sikarpur, House of Shyama Prasad, PS- Chowk, DistPatna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. The petitioner and the informant are present. It is submitted by learned counsel for the petitioner that petitioner admittedly performed love marriage with the informant, informant is still residing with the petitioner till recently and petitioner is ready to keep the informant with dignity and honour. A statement to that effect has been made in para 10 of the petitioner.

Patna High Court Cr.Misc. No.9220 of 2016 (3) dt.12-07-2016 2/2 It is submitted by learned counsel for the informant that informant is residing at present at her parents' place but she is ready to resume the conjugal life. Both sides agree to appear before learned Court below on 25th of July, 2016, when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the aforesaid stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Chowk P.S. Case No. 57 of 2015. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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