Pintu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46631 of 2014 Arising Out of PS.Case No. -448 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Pintu Yadav Son of Late Ram Lagan Yadav Resident of villageDumrawan, P.S.- Deep Nagar, District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Hiramani Devi W/o Pintu Yadav S/o Sri Sharvan Gope Resident of village- Dumrawan, P.S.- Deep Nagar, District- Nalanda. At Present village- Bhimsen Bigha, P.S.- Chandi, District- Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Nath Vishawas, Advocate For the Opposite Party/s : Mr. Arvind Kr.Panday(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A, 504/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. On instruction it is submitted by the learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour and has not performed second marriage.

Patna High Court Cr.Misc. No.46631 of 2014 (2) dt.18-03-2015 Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both the petitioner and complainant agree to appear before the learned court below on 13th of April, 2015 when the petitioner will take the complainant 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 one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Complaint Case No. 448C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T