Kundan Kumar Mandal @ Tiblu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33777 of 2014 Arising Out of PS.Case No. -1452 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Kundan Kumar Mandal @ Tiblu .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : Mr. Jitendra Kumar Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498(A) of the Indian Penal Code and 4 of the D. P. Act.

The accusation is of torture for nonfulfillment of dowry demand and for illicit relationship with the brother's wife.

It is submitted by learned counsel for the petitioner that though no statement has been made in the petition but the petitioner has instructed that he is ready to keep the complainant as wife with full dignity and honour.

Considering the present stand of the

Patna High Court Cr.Misc. No.33777 of 2014 (3) dt.18-02-2015 2 / 2 petitioner, let the petitioner, above named, 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 in connection with Complaint Case No. 1452 of 2013 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or the complainant fails to appear before the learned court below (iii) or she gets reluctant to reconcile the issue.

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