Nagendra Yadav @ Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14009 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -DHANARUA District- PATNA ======================================================

1. Nagendra Yadav @ Bharat Yadav Son of Late Shiya Sharan Yadav Resident of village - Kantahi Chak, P.S. Dhanaruwa, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kameshwar Singh, Advocate For the Opposite Party/s : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsel for the petitioner and learned APP for the State.

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

The basic accusation is of torture for nonfulfillment of dowry demand. On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para-8 of the petition. Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both the petitioner and informant appear before

Patna High Court Cr.Misc. No.14009 of 2015 (2) dt.11-05-2015 the learned court below on 4th June, 2015 when the petitioner will take the informant to keep her as wife with full dignity and honour.

The factum of marriage between the petitioner and informant has not been disputed.

Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or 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 the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 41 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T