Pramod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33352 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pramod Ram S/o Rambalak Ram R/o Village- Dhekha Bala tola, P.S Piprakothi, district East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 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 offence punishable under Section 341,504 and 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The prosecution case is of inflicting torture after ten days of the marriage for non-fulfillment of further dowry demand of motorcycle. It is also alleged that the sister in law of the informant caused burn injury to the informant. On instructions, it is submitted that the petitioner admits his marriage with the informant and the informant
Patna High Court Cr.Misc. No.33352 of 2016 (2) dt.09-08-2016 2/3 received superficial burn injury while cooking. The petitioner is ready to keep the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows: " That in case the informant agrees to live peacefully with the petitioner the petitioner is ready and eager to keep her."
Considering the present stand of the petitioner, 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Motihari, East Champaran in connection with East Champaran Sadar Mahila P.S. Case No. 10 of 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 and 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 the learned court below in three eventualities - (i) if
Patna High Court Cr.Misc. No.33352 of 2016 (2) dt.09-08-2016 3/3 the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T