Dipak Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38299 of 2016 Arising Out of Complaint Case No. -197 Year- 2015 Thana -SHEKHPURA COMPLAINT CASE District- SEKHPURA ====================================================== Dipak Kumar, son of Raj Kumar Mahto .... .... Petitioner/s
Versus
1. State of Bihar
2. Priyanka Kumari, w/o Dipak Kumar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binoy Kumar, Advocate For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The 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 complainant and he is ready to keep the complainant 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 the petitioner is ready to keep the complainant
Patna High Court Cr.Misc. No.38299 of 2016 (2) dt.01-09-2016 2/3 (wife) with all dignity."
It appears that the learned Sessions Judge has disposed of the anticipatory bail application of the petitioner since only the summons have been issued. A statement has been made in paragraph 14 of the petition to the effect that vide order dated 11.05.2016, the learned SDJM, Sikarhana, issued non-bailable warrant of arrest against the petitioner.
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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sheikhpura, in connection with Complaint Case No.197 C/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant 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
Patna High Court Cr.Misc. No.38299 of 2016 (2) dt.01-09-2016 3/3 harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Ashwini/- U T