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Patna High CourtCR. MISC./13188/2016disposed

Sudhir Jha @ Sudhir Kumar Jha v. State Of Bihar And ANR

2016-03-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13188 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -RUDRAPUR District- MADHUBANI ====================================================== Sudhir Jha @ Sudhir Kumar Jha, son of Siya Ram Jha, resident of VillageJalsain, P.S.-Rudrapur, District-Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vandana Devi, wife of Sudhir Kumar Jha, at present daughter of Parma Nand Jha, resident of Nav Nagar, P.S.-Rudrapur, DistrictMadhubani .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:- "............the petitioner is ready to keep the complainant with full honour and dignity as wife at her matrimonial house"

Considering the present stand of the

Patna High Court Cr.Misc. No.13188 of 2016 (2) dt.28-03-2016 2/2 petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No. 80 of 2015, G.R. No. 1525 of 2015.

Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T