Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35953 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -ROH District- NAWADA ====================================================== Bipin Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Ram Sewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 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 punishable under Sections 498A, 341, 323, 313, 379, 506 and 120B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand and getting the pregnancy terminated. The factum of marriage between the petitioner and the informant is admitted fact.

Learned counsel for the petitioner submits that no document has been brought on record with regard to termination of pregnancy and 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.35953 of 2015 (2) dt.11-08-2015 2/2 been made in para 10 of the petition which reads as follows:- "That it is further submitted that the petitioner is ready to keep the informant with all dignity and honour..."

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 Judicial Magistrate, 1st Class, Nawada in connection with Roh P.S. Case No. 32 of 2015, 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. 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) Amrendra/- U T