Ajay Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23324 of 2015 Arising Out of PS.Case No. -1500 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ======================================================
1. Ajay Yadav S/o Ganesh Yadav Resident of Village Galgorba, P.S. Latmipur (Giudhar), District Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Tusa Devi W/o Ajay Yadav Resident of Village Galgorba, P.S. Laxmipur (Giudhar), District Jamui at present Village Dufuree, P.S. Laxmipur, District Jamui.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 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 processes were directed to be issued after cognizance being taken under Section 498A 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.
On instructions, it is submitted that the petitioner
Patna High Court Cr.Misc. No.23324 of 2015 (2) dt.25-06-2015 2/3 is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 12 of the petition which reads as follows:
".......the petitioner is ready to keep the complainant as his wife full honour and dignity." 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Jamui in connection with Complaint Case No. 1500C 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 and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by the learned court below in three
Patna High Court Cr.Misc. No.23324 of 2015 (2) dt.25-06-2015 3/3 eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T