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Patna High CourtCR. MISC./42190/2014

Hare Ram Kumar Sah @ Hare Ram Sah v. The State Of Bihar

2015-02-27Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42190 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -BARAULI District- GOPALGANJ ====================================================== Hare Ram Kumar Sah @ Hare Ram Sah .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Dhramveer, Advocate. For the State : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2015 Heard the learned counsels for the petitioner, informant and learned A.P.P. for the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 147, 323, 406, 498(A) and 504 of the Indian Penal Code.

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 informant as wife with full dignity and honour, a statement to that effect has

Patna High Court Cr.Misc. No.42190 of 2014 (2) dt.27-02-2015 2 / 3 been made in paragraph no. 12 of the petition which reads as follows:- "12. That the petitioner always wants to live and keep the informant in his house according to her full respect and dignity."

The petitioner took similar stand before the learned court below.

Both sides agree to appear before the learned court below on 23.03.2015 when the petitioner will take back the informant to keep her as wife with full dignity and honour.

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 Barouli P.S. Case No. 52 of 2014 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities i.e., (i) if the matrimonial harmony

Patna High Court Cr.Misc. No.42190 of 2014 (2) dt.27-02-2015 3 / 3 is substantially restored within one year (ii) or the informant 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