Dharmendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31555 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Dharmendra Kumar, s/o Shiv Nandan Mahto, resident of village Ekdara, P.S. Bibhutipur, district Samastipur .... Petitioner

Versus

1. The State of Bihar

2. Rekha Kumari, w/o Dharmendra Kumar, s/o Shiv Nandan Mahto, resident of village Ekdara, P.S. Bibhutipur, district Samastipur .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Jitendra Kumar Pandey, Adv. For the Opposite Parties : Mr. Sakir Ahmad, APP 195 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 498A, 379, 307 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The petitioner is husband of the informant-opposite party no. 2. There is allegation of demand of dowry and torture for the same. In paragraph 8 of the petition it has been stated that the petitioner is ready for amicable settlement of dispute and restoration of conjugal life.

In the circumstances, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bibhutipur P.S. Case No. 53 of 2017 to the

Patna High Court Cr.Misc. No.31555 of 2017 (2) dt.13-07-2017 2/2 satisfaction of the Additional Chief Judicial Magistrate, Rosera, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and, further, with the condition that the Court below shall notice the parties and take necessary steps for amicable settlement. If the petitioner would be found cooperative in the settlement of dispute and willing for restoration of conjugal life, then, the provisional anticipatory bail shall be confirmed by the Court below, itself, otherwise necessary order would be passed according to law.

(Birendra Kumar, J) SA/- U √ T √