Pappu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18675 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -BELAGANJ District- GAYA ======================================================

1. Pappu Yadav Son of Satyendra Yadav, resident of village- Dariyapur, P.S.- Belaganj, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Guddi Kumari W/o Pappu Yadav, r/o Village- Panari, P.S.- Belaganj, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 325, 498A, 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand and due to the assault the pregnancy got terminated.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition which reads as follows:- "That the petitioner is ready

Patna High Court Cr.Misc. No.18675 of 2016 (3) dt.28-06-2016 2/3 to keep his wife with full dignity and honour." It is further submitted that petitioner has not performed second marriage. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner has not got second marriage with another girl............" It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner.

Both sides agree to appear before learned Court below on 25th of July, 2016, when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

Considering the aforesaid stand of the parties, 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 Additional Chief Judicial Magistrate, IIIrd, Gaya in connection with Belaganj P.S. Case No. 18 of 2016.

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

Patna High Court Cr.Misc. No.18675 of 2016 (3) dt.28-06-2016 3/3 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