Jitendra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47031 of 2014 Arising Out of PS.Case No. -508 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictSEKHPURA ======================================================
1. Jitendra Kumar son of Dharmendra Sao resident of village - Lakhisarai Naya Bazar, Bazar Samiti Near Pir Baba, Police STation - Lakhisarai, District - Lakhisarai .... .... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Devi wife of Jitendra Kumar, D/o Late Vijay Sah resident of Lakhisarai, Naya Bazar, Bazar Samity, side of Pir Baba, P.S. Lakhisarai, District - Lakhisarai .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.
On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity
Patna High Court Cr.Misc. No.47031 of 2014 (2) dt.16-04-2015 2/3 and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition, the relevant portion of which reads as follows:
".......the petitioner is ready to keep the complainant as his wife with full honour and dignity." Considering the present stand of the petitioner, 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Barh, Patna in connection with Complaint Case No. 508C of 2013 subject to the conditions as laid down under Section 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 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
Patna High Court Cr.Misc. No.47031 of 2014 (2) dt.16-04-2015 3/3 below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T