Jai Prakash Kumar @ Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19762 of 2016 Arising Out of PS.Case No. -28779 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Jai Prakash Kumar @ Anil Kumar, son of Naresh Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 The petitioner being husband of the daughter of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the daughter of the complainant and is ready to keep the daughter of 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 the petitioner is ready to keep his wife but she is not ready to live with the husband. The petitioner is husband of the

Patna High Court Cr.Misc. No.19762 of 2016 (2) dt.03-05-2016 2/2 complainant."

Considering the present stand of the 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 Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 28779(C) of 2014.

Let learned Court below issue notice to the daughter of complainant and fix a date for her appearance. On appearance, the petitioner will take the daughter of the complainant 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 daughter of the complainant fails to appear before learned Court below (iii) If the daughter of the complainant is reluctant to reconcile the issue.

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