Ramprakash Sah @ Rampraksh Sha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29820 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -MAHILA PS District- DARBHANGA ====================================================== Ramprakash Sah @ Rampraksh Sha Son of Nirmla Sah, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 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 offences punishable under Sections 498A/379/323 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

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

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:- "That it would not be out of context to submit before the Hon'ble Court that the petitioner is husband and he is ready

Patna High Court Cr.Misc. No.29820 of 2016 (2) dt.21-07-2016 2/3 to keep her as wife with full dignity and honour as be possible." It is further submitted that similar was the stand of the petitioner before the learned Court below but during the process of mediation, the mediation failed since the informant was not ready to accept the offer of the petitioner.

.Considering the present stand of the petitioner, this Court is of the view that one opportunity may be given to the informant to reconcile the issue, hence, 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 twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Darbhanga, in connection with Mahila (Darbhanga) P.S. Case No.21/2016, subject to the conditions as laid down under Section 438(2) 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 confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to

Patna High Court Cr.Misc. No.29820 of 2016 (2) dt.21-07-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T