Patna High CourtCR. MISC./50420/2014

Chaturi Sah v. The State Of Bihar

2015-02-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50420 of 2014 Arising Out of PS.Case No. -680 Year- 2011 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Chaturi Sah S/o Mahendra Sah, Resident of village- Kursaila, P.S.- Kursaila, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 379 and 504 IPC and Section 4 of Dowry Prohibition Act. The accusation is of torture for non fulfillment of demand of dowry.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. The statement to that effect has been made in para 3 of the supplementary affidavit. Considering the stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for

Patna High Court Cr.Misc. No.50420 of 2014 (2) dt.13-02-2015 2/2 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 C.J.M., Katihar, in Complaint Case No.680C/2011, subject to the conditions as laid down u/s 438(2) Cr.P.C.

Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant 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) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) singh/- U