Hira Lal Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22847 of 2015 Arising Out of PS.Case No. -1144 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Hira Lal Paswan son of Sri Lakhindra Paswan resident of villageSarmaspur, P.S.- Paru, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gudi Devi wife of Hira Lal Paswan, Daughter of Bhola Paswan at Present residing at her Naihar Village- Ghat Patedha, Jairam, P.S.- Belsar (O.P.), District- Vaishali at Hazipur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Atul Chandra For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner

Patna High Court Cr.Misc. No.22847 of 2015 (2) dt.22-05-2015 2/3 is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows:

"That the petitioner is still ready to keep his wife opposite party no. 2 with dignity and honour according to his means."

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 Vaishali at Hajipur in connection with Complaint Case No. 1144 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

Patna High Court Cr.Misc. No.22847 of 2015 (2) dt.22-05-2015 3/3 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 (iii) if the complainant deliberately gets reluctant to reconcile the issue.

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