Mahesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39053 of 2015 Arising Out of PS.Case No. -25459 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Mahesh Prasad S/o Kanhaiya Lal Resident of Mohalla Purandarpur, Janak Sah Lane, P.S. Jakkanpur, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priya Devi D/o Jai Prakash Prasad Resident of Mohalla Jagat Narayan Road, P.S. Kadamkuan, District Patna.

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. On instructions, it is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and ready to keep the complainant as wife with dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That, it is submitted that

Patna High Court Cr.Misc. No.39053 of 2015 (2) dt.27-08-2015 2/2 complainant is too much hard and cruel in nature and she does not want to live with petitioner rather petitioner is still ready to keep his wife with full love and affection."

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 25459 of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

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