Sitaram Amar @ Sagar Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24161 of 2015 Arising Out of PS.Case No. -1301 Year- 2013 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Sitaram Amar @ Sagar Kumar Son of Jai Kishore Sharma .... .... Petitioner/s

Versus

1. The State of Bihar.

2. laxmi Devi wife of Sitaram Amar@Sagar kumar, daughter of Shyam .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Prasad Roy, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been 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 accusation is of torture for non-fulfillment of the dowry demand.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 14 of the petition relevant portion of which reads as follows:- "14.....is ready to keep her with all dignity of a wife.."

Patna High Court Cr.Misc. No.24161 of 2015 (2) dt.22-07-2015 2/2 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 SubDivisional Judicial Magistrate, Khagaria in connection with Complaint Case No.1301 C 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.

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) Ashwini/- U T