Lal Bahadur Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17318 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) * ====================================================== Lal Bahadur Uraon, Son of Ram Chela Uraon Resident of Village - Semariya, P.S. Adhaura, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prabhawati Devi, Wife of Lal Bahadur Uraon Resident of Village - Semariya, P.S.- Adhawra, District Kaimur at Bhabua at present Address Village Salma P.S. Nauhatta, District Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== 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 apprehending his arrest in connection with Complaint Case No.307 of 2018, registered for the offence punishable under Section 498(A) of the Indian Penal Code.

The prosecution case, as per the complaint submitted in the Court of Chief Judicial Magistrate, Bhabhua is to the effect that the marriage of the informant was performed with the petitioner in the year 1999 but subsequent to the marriage, further demand of dowry of Rs.50,000/- was made and due to non-fulfillment of the same, torture was inflicted upon the

Patna High Court CR. MISC. No.17318 of 2019(2) dt.26-03-2019 2/3 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 bee made in paragraph no.12 of the petition, which reads as follows :- "12. That the petitioner is ready to keep his wife with all respect 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 Judicial Magistrate, Ist Class at Bhabua (Kaimur) in connection with Complaint Case No.307 of 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 with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned Court below in three eventualities, (i)

Patna High Court CR. MISC. No.17318 of 2019(2) dt.26-03-2019 3/3 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