Akhilesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45014 of 2014 Arising Out of PS.Case No. -90 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Akhilesh Yadav son of Laganee Yadav, Resident of Village- Baraki Sanadiya, P.S.- Ara, District- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Maya Devi, Wife of Akhilesh Yadav, Resident of - Baraki Sanadiya, P.S.- Ara Mufassil, District- Bhojpur. Presently at vill- Pirouta, P.S.- Ara Mufassil, Dist.- Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2015 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 Section 498A/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. 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

Patna High Court Cr.Misc. No.45014 of 2014 (2) dt.06-04-2015 2/3 been made in paragraph no. 12 of the petition which reads as follows:

"That the petitioner is ready to keep the complainant as wife with full honour and dignity." 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 at Ara in connection with Mahila P.S. Case No. 90 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

Patna High Court Cr.Misc. No.45014 of 2014 (2) dt.06-04-2015 3/3 court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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