Mohan Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6795 of 2016 Arising Out of PS.Case No. -520 Year- 2013 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Mohan Choudhary Son of late Chhathu Choudhary Resident of VillageRam Nagar, P.s Nawanagar, District Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Babita Devi Wife of Mohan Choudhary, Daughter of Late Binod Choudhary Resident of Village- Karsar, P.s Nawanagar , District Buxar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioner and the State.

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 Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand.

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

Patna High Court Cr.Misc. No.6795 of 2016 (2) dt.10-02-2016 2/3 statement to that effect has been made in para 9 of the petition which reads as follows:- "That it is humbly submitted that the petitioner is the husband of the complainant and the petitioner is 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Complaint Case No. 520C of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or

Patna High Court Cr.Misc. No.6795 of 2016 (2) dt.10-02-2016 3/3 (iii) if the complainant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T