Arbind Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32162 of 2016 Arising Out of PS.Case No. -196 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Arbind Kumar son of Sri Janardan Sah R/o Vill + P.O. - Matila, P.S. - Koran Sarya, Distt - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anjali Kumari wife of Arbind Kumar, D/o Sri Binod Sah R/o Vill + P.O. - Matila, P.S. - Koran Sarya, Distt - Buxar, at present R/o Vill - Kattaya, P.S. - Bihya, District - Bhojpur.

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

For the Petitioner/s : Mr. Kritya Nand Jha For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 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 offence punishable under Sections 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

On instructions, it is submitted that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 7 of the petition which

Patna High Court Cr.Misc. No.32162 of 2016 (3) dt.22-08-2016 2/3 reads as follows:

" That the petitioner is ready to keep her with full respect and dignity but complainant/informant herself refuses to go with her husband. "

Similar was the stand of the petitioner before the learned court below.

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 arrest or surrender before the learned Court below within a period of six 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 CJM, Ara in connection with Bhojpur Mahila P.S. Case No. 196 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and 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 by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if

Patna High Court Cr.Misc. No.32162 of 2016 (3) dt.22-08-2016 3/3 the informant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Anil/- U T