Bijay Bhuiya @ Vijay Bhuiya @ Vijay Bhuiya @ Bijoi Bhuia Bhuiyan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56760 of 2015 Arising Out of PS.Case No. -1878 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ======================================================
1. Bijay Bhuiya @ Vijay Bhuiya @ Vijay Bhuiya @ Bijoi Bhuia Bhuiyan, S/O- Nagina Bhuiyan, resident of village- Kalidaspur, Colliery, Police Station- Manjhia (Mejia), District- Bakurha (West Bagal) .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sangita Devi, W/O- Bijay Bhuiya @ Vijay Bhuiyan, Bijoi, D/O Dhaneshwar Manjhi, resident of Village- Basuachak, P.S- Chanan (Manpur), District- Lakhisarai, at present village- Baruatta, P.S.- Jamui, District- Jamui .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of
Patna High Court Cr.Misc. No.56760 of 2015 (2) dt.16-12-2015 the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 12 of the petition which reads as follows:- "That, the petitioner is ready to keep her (Complainant) as legal wedded wife with full dignity and honour."
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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 1878C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile
Patna High Court Cr.Misc. No.56760 of 2015 (2) dt.16-12-2015 the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) P.K./- U T