Prem Kumar @ Milton v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44494 of 2014 Arising Out of PS.Case No. -2223 Year- 2013 Thana -COMPLAINT CASE District- BANKA ====================================================== Prem Kumar @ Milton .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 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 process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfilment of the dowry demand.

Notices were issued to opposite party no.2 vide order dated 16.12.2014 on submission of learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour.

Though, the complainant has entered appearance through her lawyer but neither the complainant nor her lawyer is

Patna High Court Cr.Misc. No.44494 of 2014 (4) dt.20-04-2015 2/2 appearing.

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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Banka in connection with Complaint Case No. 2223 of 2013, 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 if the complainant appears before the learned court below and files an application for resumption of conjugal life within a period of six weeks when the petitioner will be obliged to comply the undertaking given before this Court. The provisional bail of the petitioner will also be confirmed if the complainant fails to appear within a period of six weeks. (Dinesh Kumar Singh, J) Amrendra/- U T