Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45767 of 2015 Arising Out of PS.Case No. -67 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================
1. Dhiraj Kumar son of Mithilesh Singh, Resident of Village- Khoksa Bujurg, P.S. Desari, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Priti Singh, D/o Shivvansh Prasad Singh, village- Kharika, P.S.- Bidupur, District- Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Smt. Anuradha Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 None appears for opposite party no. 2. Though, the matter was adjourned on 08.03.2016 on the prayer of opposite party no. 2.
Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 307, 313, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basis accusation is of torture for nonfulfillment of dowry demand and getting the pregnancy terminated of the informant.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.45767 of 2015 (5) dt.10-05-2016 petitioner that petitioner admits the marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in para- 17 of the petition which reads as follows:- "That petitioner is still ready to keep the informant as his wife with full dignity and honour."
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 Sri Ratnesh Pandey, J.M. Ist Class, Vaishali at Hajipur in connection with Desari P.S. Case No. 67 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the informant on her appearance the petitioner will take the informant to keep her as wife with full dignity and honour.
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
Patna High Court Cr.Misc. No.45767 of 2015 (5) dt.10-05-2016 matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T