Sanoj Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34488 of 2016 Arising Out of PS.Case No. -819 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Sanoj Kumar Pandey Son of Late Kameshwar Pandey Shivpur, P.S. Jagdishpur, District Bhojpur At present Resident Moharibag, 492/97(Ga), Khatikateli Bag, P.S. Dilkusa, Lakhnow (U.P.) .... Petitioner

Versus

1. The State of Bihar.

2. Puja Devi Wife of Sanoj Kumar Paney, D/o Mohan Mishra, Resident of Moharibag, 492/97 (Ga), Khatikateli Bag, P.S. Dilkusa, Lakhnow, at present Gajadharganj, Mahatma Gandhi Nagar, Buxar, P.S. Buxar (Nagar) District- Buxar .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Tribhuwan Narayan, Adv. For the Opposite Parties : Mr. Narsingh Tanti, APP 111 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail. The petitioner, being the husband of the complainant, apprehending his arrest in a case registered under Sections 498A, 323, 386, 387 and 406/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act.

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

On instruction, it is submitted that the petitioner admits his marriage with the complainant and is ready to keep the complainant 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 is categorically stated here that petitioner is ready to keep and maintain the O.P. No. 2 with her full dignity and respect."

Patna High Court Cr.Misc. No.34488 of 2016 (2) dt.16-08-2016 Considering the present stand of the petitioner, above named, let the 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/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 819 (C) of 2015 to the satisfaction of the Subdivisional Judicial Magistrate, Buxar.

Both the sides agreed to appear before the learned Court below on 23rd August, 2016, when the petitioner will take the complainant to her matrimonial house to keep her with full dignity and honour.

The provisional anticipatory 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 complainant fails to appear before the learned Court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) SA/- U √ T √