Inush Dewan @ Munna Dewan @ Yunus Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4101 of 2015 Arising Out of PS.Case No. -1577 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Inush Dewan @ Munna Dewan @ Yunus Dewan Son of Hakim Dewan, Resident of Village - Ahiyapur, P.O. - Karwatahi Bazar, P.S. - Gopalpur, District -Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband is apprehending arrest in a complaint case filed for the offences under Section 498A of the Indian Penal Code.

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 and honour. Statement to the aforesaid effect has been made in paragraph no. 6 of the petition which reads as follows: "That the petitioner is always ready to keep his wife

Patna High Court Cr.Misc. No.4101 of 2015 (2) dt.30-01-2015 2/3 but she does not live with the petitioner and she with ulterior motive filed Misc. Case No. 121 of 2013 against the petitioner for maintenance."

It is further submitted that similar was the stand of the petitioner in the court below but the complainant failed to appear.

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 JM Ist Class, Gopalganj in connection with Complaint Case No. 1577 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

Patna High Court Cr.Misc. No.4101 of 2015 (2) dt.30-01-2015 3/3 (iii) if the complainant deliberately gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Anil/- U