Chandrakant Bhagat @ Gudu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40468 of 2014 Arising Out of PS.Case No. -233 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== CHANDRAKANT BHAGAT @ GUDU .... .... Petitioner

Versus

1. The State of Bihar.

2. Suniti Ranjan @ Pinki.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Mukul Prasad, Advocate. For the State : Mr. Anand Kishore Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and 4 of the D. P. Act.

The accusation is of torture for nonfulfillment of dowry demand. On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour, a statement to that effect has been made in paragraph no. 8 of the petition which

Patna High Court Cr.Misc. No.40468 of 2014 (2) dt.23-02-2015 2 / 3 reads as follows:- "8. That the petitioner who is the husband is ready to keep his wife i.e., opposite party no. 2 with full honour and dignity". It is further submitted that the petitioner is also making Rs. 750 to the complainant as maintenance.

Considering the present stand of the petitioner, let the petitioner, above named, 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 in connection with Complaint Case No. 233 of 2013 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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.e., (i) if the matrimonial harmony is substantially restored within one year (ii) or

Patna High Court Cr.Misc. No.40468 of 2014 (2) dt.23-02-2015 3 / 3 the complainant fails to appear before the learned court below (iii) or she gets reluctant to reconcile the issue.

U.K./- (Dinesh Kumar Singh, J) U T