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Patna High CourtCR. MISC./12900/2016disposed

Vikram Kumar Singh v. The State Of Bihar

2016-03-30Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12900 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Vikram Kumar Singh S/o Bhalchandra Gopal Resident of MohallaNadia Tola, Near Mahadeo School Kahalgaon, P.S.- Kahalgaon, DisttBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offence punishable under Sections 498A and 506/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner admits his marriage with the informant and is ready to keep

Patna High Court Cr.Misc. No.12900 of 2016 (2) dt.30-03-2016 2/3 the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 9 of the petition which reads as follows: "That the petitioner has always been ever ready to keep the informant with full dignity and honour." 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 Bhagalpur in connection with Bhagalpur (Mahila) P.S. Case No. 77 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant 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 informant fails to appear before the learned court below

Patna High Court Cr.Misc. No.12900 of 2016 (2) dt.30-03-2016 3/3 or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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