Sunni Kumar@Sanni Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29314 of 2015 Arising Out of PS.Case No. -27527 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Sunni Kumar@sanni Kumar, aged about 26 years S/o Ashok Paswan Resident of Mohalla Charakhipar, P.O. + P.S. Malsalami, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rimpal Kumari W/o Sunni Kumar, D/o Sri Keshav Paswan Village Bari Kevai, P.O. Daniyawan, P.S. Sahjahanpur, District Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.
The petitioner admits marriage with the complainant. On instructions, it is submitted that the
Patna High Court Cr.Misc. No.29314 of 2015 (2) dt.27-07-2015 2/3 petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no.15 of the petition. 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 Patna in connection with Complaint Case No. 27527 C of 2014 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 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
Patna High Court Cr.Misc. No.29314 of 2015 (2) dt.27-07-2015 3/3 to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T