Abhai Sinha @ Sikander v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44835 of 2015 Arising Out of PS.Case No. -203 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Abhai Sinha @ Sikander Son of Bisheshwar Lal Resident of VillageMandariya, P.S. Charpokhari, District Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Renu Sinha Wife of Abhai Sinha @ Sikandar, Daughter of Late Kailash Lal, Resident of Village- Madariya, P.S. Charpokhari, District Bhojpur. At present residing at Village Angira, P.S. Udwant Nagar, District Bhojpur.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 379/34 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. It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and has filed Matrimonial Suit No. 217 of 2015 for restitution of conjugal life. Moreover the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 7 of

Patna High Court Cr.Misc. No.44835 of 2015 (2) dt.21-09-2015 2/2 the petition which reads as follows:- "That the petitioner is husband of informant and ready to keep her with full dignity"

Considering the aforesaid 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 Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 203 of 2015.

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 informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

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