Ajit Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17319 of 2019 Arising Out of PS. Case No.-1659 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ajit Kumar Sinha, Son of Sri Mithilesh Kumar Sinha, Resident of Mohalla - Khatka Chak, P.S.- Vishnupad, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Sinha, Wife of Sri Ajit Kumar Sinha, D/o- Sri Uma Shankar Lal, Resident of Mohalla - Ram Krishna Nagar, P.S.- Ram Krishna Nagar, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner being, the husband of the informant is apprehending his arrest in connection with Complaint Case No.1659(C)/2018, registered for the offences punishable under Sections 498(A), 406 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The prosecution case, as per the complaint case filed before the Court of Chief Judicial Magistate, Patna is to the effect that the marriage of the informant was performed with the petitioner on 10.07.2016 and after marriage, they were blessed with a girl child but subsequently, further demand of dowry of

Patna High Court CR. MISC. No.17319 of 2019(2) dt.26-03-2019 2/3 Rs. 2 lakhs was made and due to non-fulfillment of the same, torture was inflicted upon the complainant by the petitioner and other in laws family members.

Learned counsel for the petitioner submits that the petitioner admits his marriage with informant and he is ready to keep the informant as wife with full dignity and honour, statement to that effect has been made in paragraph no.9 of the petition, which reads as follows :- "9. That the petitioner is ready to keep his wife and the sole baby with honour and dignity."

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest / surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Patna in connection with Complaint Case No.1659(C)/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Let the learned Court below issue notice to the informant and on her appearance, the petitioner will take the informant to keep her as wife and the girl child with full dignity

Patna High Court CR. MISC. No.17319 of 2019(2) dt.26-03-2019 3/3 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 informant fails to appear before the learned Court below, or (iii) if the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) sanjeev/- U T