Subodh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21878 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Subodh Kumar son of late Ramanand Pal resident of village Lakhanibigha, P.S. Khagaul, District Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rijanti Kumari wife of Subodh Kumar, D/o Anup Pal resident of village Nerathua, P.S. Makhdumpur, District Jehanabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh For the Opposite Parties : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 380, 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for nofulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That in spite of that, the petitioner is always ready to keep the O.P. No. 2, as wife, with full dignity and honour"

Considering the present stand of the

Patna High Court Cr.Misc. No.21878 of 2015 (2) dt.23-06-2015 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, 1st Class, Jehanabad in connection with Mahila (Jehanabad) P.S. Case No. 64 of 2014.

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