Beer Chandra Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34370 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================
1. Beer Chandra Ram Son of Late Ram Bilas Ram, Resident of VillageMiya Chapra, P.S- Patepur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ranu Devi, W/o Beer Chandra Ram D/o Bishwanath Ram, resident of village- Bhagwatpur, Taraura, P.S- Mahua, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2016 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 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
On instructions, it is submitted that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and
Patna High Court Cr.Misc. No.34370 of 2016 (2) dt.11-08-2016 2/3 honour. Statement to the aforesaid effect has been made in paragraph no. 8 of the petition which reads as follows: " That the petitioner wants to keep the informant with full honour and dignity."
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year 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 ACJM X, Vaishali at Hajipur in connection with Patepur P.S. Case No. 2 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 the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned
Patna High Court Cr.Misc. No.34370 of 2016 (2) dt.11-08-2016 3/3 court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T