Guddu Sah @ Guddu Kr Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37142 of 2016 Arising Out of PS.Case No. -2933 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== GUDDU SAH @ GUDDU KR SAH, son of late Keshar Lal Sah, resident of village Ranipatra, P.S. Ranipatra, district Purnea .... Petitioner

Versus

1. The State of Bihar

2. Runa Devi, w/o Guddu Sah, d/o Kamal Sah, resident of village Baunsi, P.S. Baunsi, Basaithi, district Araria .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Gopal Kumar Jha, Adv. For the Opposite Parties : Mr. Parmeshwar Mehta, APP 42 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-08-2016 Heard the learned counsel for the petitioner and the State.

The petitioner, being the husband of the complainant, apprehending arrest in a case registered under Section 498A of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of dowry demand.

On instruction, it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 9 of the petition, which reads as follows :

"That the petitioner is ready to keep the complainant with all dignity and honour."

Considering the present stand of the petitioner, above named, 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 twelve weeks from today, on furnishing

Patna High Court Cr.Misc. No.37142 of 2016 (2) dt.29-08-2016 bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 2933C of 2014 to the satisfaction of the Judicial Magistrate, 1st Class, Araria.

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 anticipatory 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 below or (iii) if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) SA/- U √ T √