Saroj Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25750 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -KOCH District- GAYA ====================================================== Saroj Ram Son of Vilash Ram .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sandhya Devi Wife of Saroj Ram .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 8 of

Patna High Court Cr.Misc. No.25750 of 2016 (2) dt.22-06-2016 2/3 the petition which reads as follows:- "That it may be stated that the petitioner is the husband of the informant who was/is ready to keep his wife with full dignity and honour.

It is further submitted that similar was the stand of the petitioner before the learned Court below but the offer of the petitioner was not acceptable to the informant. The impugned order also reflects that in spite of notices issued to the informant, she has chosen not to appear.

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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Gaya, in connection with Konch P.S. Case No.13/2016 , subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour.

Patna High Court Cr.Misc. No.25750 of 2016 (2) dt.22-06-2016 3/3 The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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