Jawahar Lal Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9856 of 2015 Arising Out of PS.Case No. -317 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================
1. Jawahar Lal Sharma son of Bhagwan Sharma Resident of Village - Ruiya, Police Station - Ziradai, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Savitri Devi wife of Jawahar Lal Sharma, Daughter of Janak Sharma At present Resident of Village - Imlauli, Police Station - Mairwan, District - Siwan.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Sections 498A,323 and 504 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity
Patna High Court Cr.Misc. No.9856 of 2015 (2) dt.11-03-2015 2/3 and honour. Statement to the aforesaid effect has been made in paragraph no. 17 of the petition which reads as follows: "That the petitioner is ready to keep her wife complainant with full honour and dignity."
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 SDJM Siwan in connection with Complaint Case No. 317 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 and 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 the 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 deliberately gets reluctant to
Patna High Court Cr.Misc. No.9856 of 2015 (2) dt.11-03-2015 3/3 reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T