Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44402 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -MAHILA PS District- JEHANABAD ====================================================== Anjani Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Opposite Party/s : Mr. Smt. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 323, 341, 495, 379 and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfilment of the dowry demand.

The petitioner and opposite party no.2 are present in the court.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and birth of two children and is ready to keep them with full dignity and honour at his place of employment at Patna. A statement to that effect has

Patna High Court Cr.Misc. No.44402 of 2015 (3) dt.19-02-2016 2/3 been made in para 10 of the petition which reads as follows:- "That the petitioner is ready to keep the informant with full love and affection as wife."

Learned counsel for the informant, on instruction, submits that the informant is ready to accept the offer of the petitioner. it is also submitted that informant has no objection of casually going to village home or parents house of the petitioner. Both sides agree to appear before the learned court below on 3rd of March, 2016 when the petitioner will take the informant 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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/c CJM, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 31 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to

Patna High Court Cr.Misc. No.44402 of 2015 (3) dt.19-02-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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