Subodh Kumar Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40489 of 2014 Arising Out of PS.Case No. -23 Year- 2014 Thana -KOILWAR District- BHOJPUR ======================================================

1. Subodh Kumar Tiwary Son of Late Sri Ram Tiwari R/o Village Mathurapur, P.S. Jagdishpur, District Bhojpur, at present reside at Mohalla Maharanapratap Nagar, P.S. Arrah, District Bhojpur at Arrah .... .... Petitioner/s

Versus

1. The State of Bihar

2. Laxmi Tiwari D/o Sri Shivakant Pathak R/o Village Kishunpura, P.O Sripalpur, P.S. Koilwar, District Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalit Narayan Jha For the Opposite Party/s : Mr. Dr.M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2015 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 under Sections 341,323 and 498A/34 of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows:

"That the petitioner further sttes that he is ready to keep

Patna High Court Cr.Misc. No.40489 of 2014 (2) dt.02-03-2015 2/2 her wife(informant)."

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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Bhojpur, Arrah in connection with Koilwar P.S. Case No. 23 of 2014 subject to the conditions as laid down under Section 438(2) 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) 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) Anil/- U T