Manoj Seth v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26535 of 2015 Arising Out of PS.Case No. -1350 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Manoj Seth, Son of Kanhaiya Seth, resdient of village- Shivpur, P.S.- Bhabua, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sushma Devi, wife of Manoj Seth, resdient of village- Shivpur, P.S.- Bhabua, District- Kaimur at Bhabua. At present address- resident of village- Isiyan, P.S.- Chainpur, District- Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Petitioner being husband 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.

The basic accusation is of torture for nonfulfilment of dowry demand. On instruction, it is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:- "That it is humbly submitted and categorically stated that the petitioner assert

Patna High Court Cr.Misc. No.26535 of 2015 (2) dt.03-07-2015 2/2 that he is still ready to keep the complainant with full love and dignity."

The marriage between the petitioner and the complainant and birth of three children are admitted facts. Both sides agree to appear before learned Court below on 27th of July, 2015 when the petitioner will take the complainant the children to keep them with full dignity and honour.

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, Kaimur at Bhabua in connection with Complaint Case No. 1350 of 2014.

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 complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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