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Patna High CourtCR. MISC./23330/2015disposed

Hari Shankar Pal v. The State Of Bihar

2015-06-25Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23330 of 2015 Arising Out of PS.Case No. -217 Year- 2014 Thana -KOILWAR District- BHOJPUR ======================================================

1. Hari Shankar Pal S/o Sri Kishun Pal Resident of Village Jamari, P.S. Subhar, District Baliya (U.P.).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered under Sections 341,323,498A and 406/34 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. The marriage of the petitioner and the informant having no issue is admitted fact.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph 14 of the petition, the relevant portion of which

Patna High Court Cr.Misc. No.23330 of 2015 (2) dt.25-06-2015 2/3 reads as follows:

"......petitioner is ready to keep the informant with full honour and dignity without any ill will or malice." Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both petitioner and the informant agree to appear before the learned court below on 19.1.2015 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, 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 CJM Bhojpur at Ara in connection with Koilwar P.S. Case No.

217 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court Cr.Misc. No.23330 of 2015 (2) dt.25-06-2015 3/3 issue.

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