Manoj Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20327 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -BHELDI District- SARAN ====================================================== Manoj Sah, Son of Lakshmi Sah, Resident of Village- Barichak, P.S.- Maker, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rinki Devi, Wife of Manoj Sah, Resident of Barichak, at present Baasdih, P.S.- Maker, District- Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar, Adv. For the State : Mr. Sri Dashrath Mehta, APP For O. P.No.2 : Mr. Basant Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2017 Heard learned Counsels for the petitioner, informant and the State.

The petitioner, being the husband of the informant, is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour. A statement to that

Patna High Court Cr.Misc. No.20327 of 2017 (3) dt.19-08-2017 2/3 effect has been made in para 15 of the petition which reads as follows:- "That the petitioner being the husband of the informant is always ready to keep his wife with full dignity and honour."

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned Court below on 8th of September, 2017 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months 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 Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Bheldi P.S. Case No.132/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to

Patna High Court Cr.Misc. No.20327 of 2017 (3) dt.19-08-2017 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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