Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29527 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -MAHILA PS District- GAYA ====================================================== Rajeev Kumar Son of Jagdeo Prasad, Resident of village - Khajwati, P.S. Magadh University, District - Gaya .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 Heard learned counsels for the petitioner and the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code. The accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and ready to keep his wife with full dignity and honour. A statement to that effect has been made in Para-12 of the petition, which reads as follows:-

Patna High Court Cr.Misc. No.29527 of 2016 (2) dt.21-07-2016 2/3 "That however the petitioner is ready to keep the informant with him as wife with all dignity and honour."

It is further submitted that the matter was referred for reconciliation by the Court below, but the issue could not be reconciled. The informant refused to accept the officer of the petitioner, but the petitioner still wants to make an effort to reconcile the issue.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event or surrender before the learned Court below within a period of twelve 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 Additional Chief Judicial Magistrate-I, Gaya in connection with Gaya Mahila Police Station Case No. 23 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the informant for her appearance. 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

Patna High Court Cr.Misc. No.29527 of 2016 (2) dt.21-07-2016 3/3 confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Mishra/- U T