Manish Patel v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.33354 of 2016 (2) dt.26-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33354 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manish Patel son of Ramayan Patel resident of village- Karmawa Barka Tola, Police Station- Dhaka, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Devi daughter of Dinesh Patel, resident of Village- Gorgawan, Police Station- Kundwa Chainpur, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-09-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341,323,406,498(A)/34 of the I.P.C and 3⁄4 of the Dowry Prohibition Act.
Accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in Para 2 of the supplementary affidavit which reads as follows:- "2. That the petitioner is ready to keep his wife with full dignity and honour."
Patna High Court Cr.Misc. No.33354 of 2016 (2) dt.26-09-2016 Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Motihari Mahila P.S. Case No. 23 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of six months (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Prakash/- U T