Abhishek Pandey @ Mantu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52177 of 2015 Arising Out of PS.Case No. -174 Year- 2015 Thana -MALSALAMI District- PATNA ====================================================== Abhishek Pandey @ Mantu .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Mohan Tripathi For the Opposite Party/s : Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the daughter of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfilment of the dowry demand.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the daughter of the informant and is ready to keep the daughter of 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 this is also required to be considered that the petitioner is willing to live with the informant's daughter with full honour and dignity."

Patna High Court Cr.Misc. No.52177 of 2015 (2) dt.06-11-2015 2/2 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, Patna City in connection with Malsalami P.S. Case No. 174 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the daughter of the informant for her appearance. On her appearance, the petitioner will take the daughter of 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 daughter of the informant fails to appear before the learned court below or (iii) if the daughter of the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Amrendra/- U T