Pankaj Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22788 of 2015 Arising Out of PS.Case No. -1148 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Pankaj Singh .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 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 process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfilment of the dowry demand.
Notices were issued to the complainant vide order dated 07.07.2015. The office note dated 26.08.2015 reflects that ordinary process of notice was received by opposite party no.2 whereas registered cover has been returned unserved. In spite of valid service of notice, none is appearing on behalf of opposite party no.2, hence treating the notices issued to opposite party no.2
Patna High Court Cr.Misc. No.22788 of 2015 (3) dt.01-09-2015 2/3 validly served, the matter is being heard.
Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:- "That it is submitted that the petitioner being husband want to keep the complainant 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 1148 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 for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.
Patna High Court Cr.Misc. No.22788 of 2015 (3) dt.01-09-2015 3/3 The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Amrendra/- U T