Arun Kumar Mehta @ Arun Mehta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31071 of 2015 Arising Out of PS.Case No. -930 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Arun Kumar Mehta @ Arun Mehta Son of Shri Nandlal Mehta R/o Kamakhya Asthan, Bhawanipur, P.S. K. Nagar ( Maranga ), District Purnea .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kamini Devi Wife of Arun Kumar Mehta, daughter of Bindeshwar Singh R/o village - Naya Tola Thada, P.S. K. Nagar ( Maranga ), District Purnea .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State.
Petitioner being husband of the complainant is apprehending his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.
Accusation is of torture for non-fulfillment of dowry demand.
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 8 of the petition which reads as follows:- "8. That, the petitioner is ready to keep the complainant with full respect and dignity but it is the complainant who deserted the company of the
Patna High Court Cr.Misc. No.31071 of 2015 (2) dt.04-08-2015 2/2 petitioner."
Considering the aforesaid 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, Purnea in connection with C.A. No. 930 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
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) Prakash/- U T